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, the
individuals 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 license
unless the individuals who apply for the license have the authority to
marry 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 marriage
license from the clerk of the circuit court of the county of residence
of either of the individuals. If neither of the individuals who intends
to marry is a resident of Indiana, the individuals must obtain the
marriage license from the clerk of the circuit court of the county in
which 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 written
and verified. The application must contain the following information
concerning 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, last
known residence, and, if known, the place of birth of:
(A) the birth parents of the applicant if the applicant is not
adopted; or
(B) the adoptive parents of the applicant if the applicant is
adopted.
(7) A statement of facts necessary to determine whether any
legal impediment to the proposed marriage exists.
(8) Except as provided in subsection (e), an acknowledgment
that both applicants must sign, affirming that the applicants
have received the information described in section 5 of this
chapter, including a list of test sites for the virus that causes
AIDS (acquired immune deficiency syndrome). The
acknowledgment required by this subdivision must be in the
following form:
ACKNOWLEDGMENT
I acknowledge that I have received information regarding dangerous communicable diseases that are sexually transmitted and a list of test sites for the virus that causes AIDS (acquired immune deficiency 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 provided for that purpose. This book is a public record.
(c) The state department of health shall develop uniform forms for applications for marriage licenses. The state department of health shall furnish these forms to the circuit court clerks. The state department of health may periodically revise these forms.
(d) The state department of health shall require that the record of marriage form developed under subsection (c) must include each applicant's Social Security number. Any Social Security numbers collected on the record of marriage form shall be kept confidential and used only to carry out the purposes of the Title IV-D program. A person who knowingly or intentionally violates confidentiality regarding an applicant's Social Security numbers as described in this subsection commits a Class A infraction.
(e) Notwithstanding subsection (a), a person who objects on religious grounds is not required to:
(1) verify the application under subsection (a) by oath or affirmation; or
(2) sign the acknowledgment described in subsection (a)(8).
However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true.
(f) If a person objects on religious grounds to:
(1) verifying the application under subsection (a) by oath or affirmation; or
(2) signing the acknowledgment described in subsection (a)(8);
the clerk of the circuit court shall indicate that fact on the application for 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 communicable diseases that are sexually transmitted
Sec. 5. (a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the AIDS advisory council of the state
department of health concerning dangerous communicable diseases
that are sexually transmitted.
(b) Written information and videotaped information distributed by
each clerk of the circuit court under subsection (a) must provide
current information on human immunodeficiency virus (HIV)
infection and other dangerous communicable diseases that are
sexually transmitted. The information must include an explanation
of the following:
(1) The etiology of dangerous communicable diseases that are
sexually transmitted.
(2) The behaviors that create a high risk of transmission of such
diseases.
(3) Precautionary measures that reduce the risk of contracting
such diseases.
(4) The necessity for consulting medical specialists if infection
is suspected.
(c) At the time of application for a marriage license, each clerk of
the circuit court shall:
(1) provide the marriage license applicants with written
information furnished under subsection (a) concerning
dangerous communicable diseases that are sexually transmitted;
or
(2) show the marriage license applicants videotaped information
furnished under subsection (a) concerning dangerous
communicable diseases that are sexually transmitted.
(d) In addition to the information provided to marriage license
applicants under subsection (c), each clerk of the circuit court shall
inform each marriage license applicant that the applicant may be
tested on a voluntary basis for human immunodeficiency virus (HIV)
infection by the applicant's private physician or at another testing
site. The clerk shall provide the marriage applicants with a list of
testing sites in the community.
(e) An applicant who objects to the written information or
videotaped information on religious grounds is not required to
receive the information.
(f) If materials required by this section are not prepared by other
sources, the state department of health shall prepare the materials.
(g) The provider of the materials is responsible for all costs
involved in the development, preparation, and distribution of the
information required by this section. Except for the materials
developed by the state, the state and county are not liable for the
costs of materials used to implement this section and section 4 of this
chapter.
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 must
submit 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 the
individual's birth;
(3) any written evidence of the individual's date of birth that is
satisfactory to the clerk; or
(4) a valid operator's license or other identification issued by a
state that contains the individual's date of birth and current
address.
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 not
issue a marriage license unless the application for the license is
accompanied by the information required to be submitted by section
6 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 a
circuit court may not receive an application for a marriage license
unless:
(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 marriage
license 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 court
unless a license to marry is issued under the application within that
time.
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 the
license is issued unless a marriage is solemnized under the license
within 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 license
if either of the individuals who applies for the license:
(1) has been adjudged to be mentally incompetent unless the
clerk 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 a
right to a marriage license, the clerk of the circuit court shall refuse
to issue the license. If the clerk refuses to issue the license and if
requested 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 hearing
on whether a marriage license should be issued to the individuals.
The court shall notify the individuals of the time and place of the
hearing. The hearing shall be held without a jury and may be held in
court or in chambers. The court's finding concerning the issuance of
a 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 for
any 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 to
solemnize marriages
Sec. 13. Individuals who intend to marry each other must present
a marriage license that is issued under this chapter to an individual
who 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 the
legal authority for an individual who is authorized to solemnize
marriages 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) certificates
attached to the license. The state department of health shall prescribe
a uniform form for these certificates. One (1) certificate must be
marked "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) were
married by me as authorized under a marriage license that was
issued 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 marriage
certificates and marriage licenses
Sec. 16. (a) The individual who solemnizes a marriage shall do
the following:
(1) Complete the original and duplicate certificates described in
section 15 of this chapter.
(2) Give the original certificate to the individuals who married
each other.
(3) Not later than thirty (30) days after the date of the marriage,
file the duplicate certificate and the license to marry with the
clerk of the circuit court who issued the marriage license.
(b) The clerk of the circuit court shall record the duplicate
certificate and license to marry as prescribed by the state department
of health under section 15 of this chapter.
(c) If a duplicate certificate and marriage license are filed with a
clerk of the circuit court who did not issue the marriage license, the
clerk shall return the certificate and license to the clerk of the circuit
court 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; 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.
IC 31-11-4-18
Marriage records, forms, and indexes
Sec. 18. (a) The clerk of the circuit court shall forward marriage
records 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 (or
IC 31-7-3-15.5 before its repeal) in place of a marriage
certificate;
(3) prepare an annual index of all marriages solemnized in
Indiana and furnish at least one (1) index to the Indiana state
library; and
(4) furnish reports on records of marriage published by the state
department 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 are
open to public inspection.
As added by P.L.1-1997, SEC.3.