CHAPTER 4. MARRIAGE LICENSES AND CERTIFICATES
IC 31-11-4
Chapter 4. Marriage Licenses and Certificates
IC 31-11-4-1
Marriage license required to marry
Sec. 1. Before two (2) individuals may marry each other, theindividuals must obtain a marriage license under this chapter.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-2
Prerequisites for issuance of marriage license
Sec. 2. A clerk of a circuit court may not issue a marriage licenseunless the individuals who apply for the license have the authority tomarry each other under IC 31-11-1.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-3
County of residence or solemnization; place to obtain license
Sec. 3. Individuals who intend to marry must obtain a marriagelicense from the clerk of the circuit court of the county of residenceof either of the individuals. If neither of the individuals who intendsto marry is a resident of Indiana, the individuals must obtain themarriage license from the clerk of the circuit court of the county inwhich the marriage is to be solemnized.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-4
Application; sexually transmitted diseases acknowledgment;religious objections
Sec. 4. (a) An application for a marriage license must be writtenand verified. The application must contain the following informationconcerning each of the applicants:
(1) Full name.
(2) Birthplace.
(3) Residence.
(4) Age.
(5) Names of dependent children.
(6) Full name, including the maiden name of a mother, lastknown residence, and, if known, the place of birth of:
(A) the birth parents of the applicant if the applicant is notadopted; or
(B) the adoptive parents of the applicant if the applicant isadopted.
(7) A statement of facts necessary to determine whether anylegal impediment to the proposed marriage exists.
(8) Except as provided in subsection (e), an acknowledgmentthat both applicants must sign, affirming that the applicantshave received the information described in section 5 of thischapter, including a list of test sites for the virus that causesAIDS (acquired immune deficiency syndrome). The
acknowledgment required by this subdivision must be in thefollowing form:
ACKNOWLEDGMENT
I acknowledge that I have received information regardingdangerous communicable diseases that are sexually transmitted anda list of test sites for the virus that causes AIDS (acquired immunedeficiency syndrome).
__________________________ ____________
Signature of Applicant Date
__________________________ ____________
Signature of Applicant Date
(b) The clerk of the circuit court shall record the application,including the license and certificate of marriage, in a book providedfor that purpose. This book is a public record.
(c) The state department of health shall develop uniform forms forapplications for marriage licenses. The state department of healthshall furnish these forms to the circuit court clerks. The statedepartment of health may periodically revise these forms.
(d) The state department of health shall require that the record ofmarriage form developed under subsection (c) must include eachapplicant's Social Security number. Any Social Security numberscollected on the record of marriage form shall be kept confidentialand used only to carry out the purposes of the Title IV-D program.A person who knowingly or intentionally violates confidentialityregarding an applicant's Social Security numbers as described in thissubsection commits a Class A infraction.
(e) Notwithstanding subsection (a), a person who objects onreligious grounds is not required to:
(1) verify the application under subsection (a) by oath oraffirmation; or
(2) sign the acknowledgment described in subsection (a)(8).
However, before the clerk of the circuit court may issue a marriagelicense to a member of the Old Amish Mennonite church, the bishopof that member must sign a statement that the information in theapplication is true.
(f) If a person objects on religious grounds to:
(1) verifying the application under subsection (a) by oath oraffirmation; or
(2) signing the acknowledgment described in subsection (a)(8);
the clerk of the circuit court shall indicate that fact on the applicationfor a marriage license.
As added by P.L.1-1997, SEC.3. Amended by P.L.213-1999, SEC.8;P.L.86-2002, SEC.5.
IC 31-11-4-5
Distribution of information concerning dangerous communicablediseases that are sexually transmitted
Sec. 5. (a) The clerk of the circuit court shall distribute tomarriage license applicants written information or videotapedinformation approved by the AIDS advisory council of the state
department of health concerning dangerous communicable diseasesthat are sexually transmitted.
(b) Written information and videotaped information distributed byeach clerk of the circuit court under subsection (a) must providecurrent information on human immunodeficiency virus (HIV)infection and other dangerous communicable diseases that aresexually transmitted. The information must include an explanationof the following:
(1) The etiology of dangerous communicable diseases that aresexually transmitted.
(2) The behaviors that create a high risk of transmission of suchdiseases.
(3) Precautionary measures that reduce the risk of contractingsuch diseases.
(4) The necessity for consulting medical specialists if infectionis suspected.
(c) At the time of application for a marriage license, each clerk ofthe circuit court shall:
(1) provide the marriage license applicants with writteninformation furnished under subsection (a) concerningdangerous communicable diseases that are sexually transmitted;or
(2) show the marriage license applicants videotaped informationfurnished under subsection (a) concerning dangerouscommunicable diseases that are sexually transmitted.
(d) In addition to the information provided to marriage licenseapplicants under subsection (c), each clerk of the circuit court shallinform each marriage license applicant that the applicant may betested on a voluntary basis for human immunodeficiency virus (HIV)infection by the applicant's private physician or at another testingsite. The clerk shall provide the marriage applicants with a list oftesting sites in the community.
(e) An applicant who objects to the written information orvideotaped information on religious grounds is not required toreceive the information.
(f) If materials required by this section are not prepared by othersources, the state department of health shall prepare the materials.
(g) The provider of the materials is responsible for all costsinvolved in the development, preparation, and distribution of theinformation required by this section. Except for the materialsdeveloped by the state, the state and county are not liable for thecosts of materials used to implement this section and section 4 of thischapter.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-6
Proof of birth date
Sec. 6. Each individual who applies for a marriage license mustsubmit to the clerk of the circuit court:
(1) a certified copy of the individual's birth certificate; (2) a certified copy of a judicial decree issued under IC 34-28-1(or IC 34-4-3 before its repeal) that establishes the date of theindividual's birth;
(3) any written evidence of the individual's date of birth that issatisfactory to the clerk; or
(4) a valid operator's license or other identification issued by astate that contains the individual's date of birth and currentaddress.
As added by P.L.1-1997, SEC.3. Amended by P.L.1-1998, SEC.158.
IC 31-11-4-7
Birth date information required for issuance of marriage license
Sec. 7. A clerk of a circuit court or a deputy of the clerk may notissue a marriage license unless the application for the license isaccompanied by the information required to be submitted by section6 of this chapter.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-8
Filing of consent to marry; entry of notice of filing
Sec. 8. If a written consent is required by IC 31-11-2, a clerk of acircuit court may not receive an application for a marriage licenseunless:
(1) the clerk has filed the consent form in the clerk's office; and
(2) the clerk has entered a notice of the filing on the marriagelicense docket.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-9
Expiration of application
Sec. 9. An application for a marriage license expires sixty (60)days after the application is filed with the clerk of the circuit courtunless a license to marry is issued under the application within thattime.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-10
Expiration of license
Sec. 10. A marriage license expires sixty (60) days after thelicense is issued unless a marriage is solemnized under the licensewithin that time.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-11
Conditions precluding issuance of marriage license
Sec. 11. A clerk of a circuit court may not issue a marriage licenseif either of the individuals who applies for the license:
(1) has been adjudged to be mentally incompetent unless theclerk finds that the adjudication is no longer in effect; or
(2) is under the influence of an alcoholic beverage or a narcotic
drug.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-12
Refusal to issue marriage license; notice; hearing; finding; costs
Sec. 12. (a) If it appears that two (2) individuals do not have aright to a marriage license, the clerk of the circuit court shall refuseto issue the license. If the clerk refuses to issue the license and ifrequested by the individuals, the clerk shall:
(1) certify the refusal to the circuit court; and
(2) notify the individuals of the clerk's actions.
(b) At the earliest practicable time, the court shall hold a hearingon whether a marriage license should be issued to the individuals.The court shall notify the individuals of the time and place of thehearing. The hearing shall be held without a jury and may be held incourt or in chambers. The court's finding concerning the issuance ofa license is final.
(c) The clerk of the circuit court shall:
(1) issue; or
(2) refuse to issue;
a marriage license in conformance with the court's order.
(d) The individuals who intend to marry are not liable for costs forany actions taken under this section.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-13
Duty to present marriage license to individual authorized tosolemnize marriages
Sec. 13. Individuals who intend to marry each other must presenta marriage license that is issued under this chapter to an individualwho is authorized by IC 31-11-6 to solemnize marriages.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-14
Marriage license as authorization of solemnization of marriage
Sec. 14. A marriage license that is issued under this chapter is thelegal authority for an individual who is authorized to solemnizemarriages to marry two (2) individuals.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-15
Marriage certificates
Sec. 15. Each marriage license must have two (2) certificatesattached to the license. The state department of health shall prescribea uniform form for these certificates. One (1) certificate must bemarked "Original" and one (1) certificate must be marked"Duplicate". Each certificate must contain the following:
MARRIAGE CERTIFICATE
I ________ (name) certify that on ______ (date) at ______ in_______ County, Indiana, _______ of ______ County, ______
(state) and _______ of ______ County, _____ (state) weremarried by me as authorized under a marriage license that wasissued by the Clerk of the Circuit Court of _______ County,Indiana, dated _______.
Signed
(OFFICIAL DESIGNATION)
As added by P.L.1-1997, SEC.3.
IC 31-11-4-16
Completion, disposition, filing, and recording of marriagecertificates and marriage licenses
Sec. 16. (a) The individual who solemnizes a marriage shall dothe following:
(1) Complete the original and duplicate certificates described insection 15 of this chapter.
(2) Give the original certificate to the individuals who marriedeach other.
(3) Not later than thirty (30) days after the date of the marriage,file the duplicate certificate and the license to marry with theclerk of the circuit court who issued the marriage license.
(b) The clerk of the circuit court shall record the duplicatecertificate and license to marry as prescribed by the state departmentof health under section 15 of this chapter.
(c) If a duplicate certificate and marriage license are filed with aclerk of the circuit court who did not issue the marriage license, theclerk shall return the certificate and license to the clerk of the circuitcourt who issued the license.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-17
Failure to file marriage certificates and marriage licenses;declaratory order upon proof of marriage; legal effect; recordingrequirements
Sec. 17. (a) If the individual who solemnizes a marriage fails to:
(1) appropriately complete the certificate of marriage; or
(2) timely file the duplicate marriage certificate and marriagelicense with the clerk of the circuit court;
as required by section 16 of this chapter, either party to the marriagemay file for a declaratory judgment in the circuit court withjurisdiction in the county in which the marriage occurred.
(b) Upon proof by oral testimony or affidavits, the court may issuea declaratory order that:
(1) the marriage of the individuals listed was solemnized beforethe date the original marriage license expired;
(2) any error by the party who solemnized the marriage does notaffect the validity of the marriage; and
(3) the clerk of the circuit court shall:
(A) accept the order for filing; and
(B) issue a duplicate marriage license with the date themarriage occurred to the party who sought declaratory relief. (c) A court order issued under this section has the same legaleffect as a properly attested and filed marriage certificate.
(d) The clerk of the circuit court shall record the duplicate licenseand court order and forward a copy of the marriage records to thestate department of health on at least a monthly basis.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-18
Marriage records, forms, and indexes
Sec. 18. (a) The clerk of the circuit court shall forward marriagerecords to the state department of health on at least a monthly basis.
(b) The state department of health shall:
(1) prescribe a form for recording marriages;
(2) accept a court order under section 17 of this chapter (orIC 31-7-3-15.5 before its repeal) in place of a marriagecertificate;
(3) prepare an annual index of all marriages solemnized inIndiana and furnish at least one (1) index to the Indiana statelibrary; and
(4) furnish reports on records of marriage published by the statedepartment of health to the Indiana state library.
As added by P.L.1-1997, SEC.3.
IC 31-11-4-19
Public inspection of statistical data from marriage records
Sec. 19. Statistical data derived from records of marriages areopen to public inspection.
As added by P.L.1-1997, SEC.3.