Failure to file marriage certificates and marriage licenses;
declaratory order upon proof of marriage; legal effect; recording
requirements
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 marriage
license with the clerk of the circuit court;
as required by section 16 of this chapter, either party to the marriage
may file for a declaratory judgment in the circuit court with
jurisdiction in the county in which the marriage occurred.
(b) Upon proof by oral testimony or affidavits, the court may issue
a declaratory order that:
(1) the marriage of the individuals listed was solemnized before
the date the original marriage license expired;
(2) any error by the party who solemnized the marriage does not
affect 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 the
marriage occurred to the party who sought declaratory relief.
(c) A court order issued under this section has the same legal
effect as a properly attested and filed marriage certificate.
(d) The clerk of the circuit court shall record the duplicate license
and court order and forward a copy of the marriage records to the
state department of health on at least a monthly basis.
As added by P.L.1-1997, SEC.3.
Last modified: May 24, 2006