The fertile-octogenarian rule is a legal concept that was first introduced in the Supreme Court case of Richards v. United States, 213 U.S. 335 (1909). It holds that while a marital relationship must involve two consenting adults, the elder spouse can be up to 88 years of age. This is designed to protect elderly adults from taking on new spouses who could abuse them.
The Rights of the Elderly
The fertile-octogenarian rule is a reminder that people of all ages can remain engaged sexually and romantically. It is an effort to protect elders from exploitation while charging them with the responsibility to make wise decisions about when to enter into a marital relationship. This is the oldest age limit for a marriage partner on the books and hasn’t been changed in over a hundred years.
Examples of the Fertile-Octogenarian Rule
The fertile-octogenarian rule is still being applied. In January 2021, an 88-year old woman married a 59-year-old man in Jamaica and the marriage was considered valid under the rule. In April 2021, an 81-year old man married another 81-year old woman in Ukraine and the marriage was also considered valid under this rule.
The Future of the Fertile-Octogenarian Rule
The fertile-octogenarian rule is still an important part of our legal system and is a reminder of the importance of protecting vulnerable parties in any marital situation. It is likely that the rule will remain unchanged and that further legal measures will be taken to protect elderly adults in the future.