Issuing and Registering Marriage Licenses

1. Issuing and Registering Marriage Licenses This presentation pertains to marriage licenses issued on or after 01/01/2009

2. New Marriage License Forms • The marriage license forms changed effective 01/01/09 as follows: • Party A and Party B have been renamed to First Person and Second Person • The groom and bride check boxes in the side margin for First Person and Second Person are still “Optional” even though the word “optional” has been removed • “unmarried” was added back into the penalty of perjury affidavit shown above the parties signature boxes on the marriage license. Affirmation that parties are living together as “spouses” added to the affidavit on the confidential marriage license

3. New Marriage Forms continued • Signature box titles were changed from Signature of Party A and Signature of Party B to Signature of person listed in fields 1A-1D and Signature of person listed in fields 12A-12D • New fields were added to the license to indicate the new name(s) one or both parties wish to be known as after marriage • VS115 Non-Clergy license & VS 116 Declaration of Marriage added fields 31A thru 32C • VS 117 Public license added fields 30A thru 31C • VS 123 Confidential license added fields 29A thru 30C

4. New Marriage Forms continued • Counties must apply forand receive approval of their electronic marriage license forms from the Department of Public Health, Office of Vital Records prior to issuing marriage licenses electronically. • Counties who have not received approval by 01/01/09 to issue the 2009 marriage licenses electronically, must issue marriage licenses from the paper forms provided by the State until approval is received.

5. Issuing Marriage Licenses on or after 01/01/09 • Family Code Section 306.5 was added to include: • One or both parties may elect to change the middle or last name that party wishes to be known as after they are married by including the new name(s) on their marriage license application. • A person may adopt any of the following middle or last names: • The current last name of the other spouse • The last name of either spouse given at birth • A name combining into a single last nameall or a segment of the current last name or last name of either spouse given at birth • A hyphenated combination of last names NOTE: Parties may NOT change their First names using this process.

6. Issuing Marriage Licenses on or after 01/01/09 continued… • In order to be in compliance with this provision, marriage license applications should contain fields which allow both parties to indicate a new middle or last name if they desire. • The new name(s) are taken from the marriage license application and entered in fields 29A thru 32C, as applicable, on the marriage license at the time the marriage license is issued by the County Clerk or Authorized Notary. Visually verify the new name(s) entered appear to meet the requirements of FC 306.5. • When entering the new name(s) on the marriage license, you must make sure to enter the first name of the party in the new name fields exactly as it is shown in fields1A or 12A, as applicable. Do not enter the first name in these fields unless the party has included a new middle or last name. Remember, a first name cannot be changed using this process. Persons desiring to change their first name should be advised to seek legal assistance.

7. Issuing Marriage Licenses on or after 01/01/09 continued… • Two single dashes must be entered in fields 29A thru 32C, as applicable, for those parties who have not included a new middle or last name on their marriage license application. Do not enter N/A or not applicable into these fields. Do not enter the first name in these fields unless the party has included a new middle or last name. • Both parties are not required to have the same name, nor are they required to change their name.

8. Issuing Marriage Licenses on or after 01/01/09 continued… • Fields 29A – 32C, as applicable, on the marriage license cannotbe amended to either add a new name or change the new name that is shown on the marriage license and/or certificate after the marriage license has been issued. Therefore, it is important to make sure parties are given clear instructions regarding the new name fields prior to applying for their marriage license. • If prior to marriage, the couple wants to change or add the new name shown on the marriage license, they can bring the old license into the County Clerk’s Office to have it voided, apply and pay for a new marriage license containing that information.

9. Issuing Marriage Licenses on or after 01/01/09… • It is unlawful for employees to answer questions of a legal nature. Other than explaining the options for a new name as shown in Family Code Section 306.5, County Clerk staff cannot advise parties how to complete the marriage license application as it relates to the entry of a new name or retention of a former name on the marriage license application. For their protection, parties who have any questions regarding whether they should or should not list their new name on the marriage license application, and/or how the Name Equality Act of 2007 may affect them, should be told to consult an attorney prior to applying for their marriage license.

10. Registering Marriage Licenses issued on or after 01/01/09… • When the marriage license is received for registration, confirm no information, including that shown in the new name fields 29A thru 32C, as applicable, on the marriage license has been added, altered, modified and/or changed. Note: You do not need to confirm the information shown in fields 29A thru 32C meet the requirements of FC 306.5. The County Clerk or Authorized Notary, as applicable, should have visually verified this information when they issued the license. Persons who question the legality of the new name entered on the marriage license will do so in Superior Court. • Fields 29A – 32C, as applicable, on the marriage license cannotbe amended to either add a new name or change the new name that is shown on the marriage license and/or certificate after the marriage license has been issued.

11. Registering Marriage Licenses issued on or after 01/01/09… • If the information in the new name field appears to have been added, altered, modified and/or changed after the marriage license was issued, contact the couple and the officiant to let them know the process for obtaining a duplicate marriage license. Remember, the new name fields cannot be amended after the marriage license was issued. The duplicate license will contain the exact information contained on the license when it was issued. It will not include the added, altered, modified and/or changed information.

12. Registering Marriage Licenses issued on or after 01/01/09… • Confirm the ceremony was performed on or after the issuance date, and on or before the expiration date shown on the marriage license. • Confirm the witness(es) and officiant information has been completed. • If all is in order, register the marriage license and assign the local registration number.

13. THE END!