Page:United States Statutes at Large Volume 76A.djvu/771

–675– -675§ 34. Marriage license, without medical certificate, because of pregnancy If a female applicant for a marriage license makes an affidavit to the effect that marriage is necessary because she is with child and that the marriage will confer legitimacy on the miborn child, the district court may hear and determine on medical testimony the question of pregnancy and, on adjudging that pregnancy exists, shall order the clerk of the court to issue the marriage license if all other requirements of the law regulating the issuance of marriage licenses are complied with, even though the clinical examination and laboratory tests reveal that one or both applicants have a syphilis infection. In its order, the court shall provide that the applicant or applicants having syphilis infection shall be treated for the infection as provided by the regulations referred to in section 33 of this title. A copy of the order shall be filed with the clerk in lieu of the medical certificate. § 35. Submission of specimen to laboratory; report in triplicate A health officer, or a physician authorized to practice medicine in the Canal Zone and designated as a representative of the health director of the Canal Zone Government, who takes from an applicant for marriage license a specimen for laboratory examination shall submit it in a manner prescribed by the health director, and shall identify that specimen as "Pre-marital" when submitting it to an approved laboratory for test. The laboratory shall provide a report, in triplicate, on a form prepared and furnished by the health director, of the result of the text on each specimen submitted. The original of each report shall be forwarded to the physician submitting the specimen. A duplicate shall be forwarded to the health director 'not later than Saturday of the week in which the test was made, and the triplicate shall be retained by the laboratory for its files. § 36. Protest after refusal of medical certificate und marriage license; hearing (a) If an applicant has been refused a marriage license by the clerk of the district court because of failure to obtain a medical certificate, the applicant may elect to file a protest and take the procedure authorized by this section or to take any other proper procedure. (b) If an applicant elects the procedure authorized by this section, he shall file a protest in the division of the district court in which the license was denied. Notice of the protest shall be served, in the same manner as a summons, upon the health director of the Canal Zone Government. (c) An action pursuant to subsection (b) of this section shall be summarily heard and determined by the judge in chambers. All persons shall be excluded from the hearing except necessary officers of the court, attorneys of record in the matter under consideration, the health director or a physician appointed as a representative of the health director, the witnesses and any other persons authorized by the applicant to attend. The evidence shall be transcribed, and all information, reports and evidence concerning the persons allegedly having a syphilis infection, and all recommendations, including lal)oratory reports pertaining thereto, shall be considered privileged communications and shall ro inaccessible to the public. A final order upon a hearing in the matter shall simply state that the applicant may or may not secure the license sought if all other requirements of law regulating the issuance of a marriage license are complied with. There shall be no court costs chargeable for services incident to carrying out the provisions of this section, and the services shall be considered a part of the official duties of all officers involved in the proceedings.

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