31-11-4-17. Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

IN Code § 31-11-4-17 (2019) (N/A)

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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.

[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3.

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31-11-4-16. Completion, disposition, filing, and recording of marriage certificates and marriage licenses

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31-11-4-18. Records of marriage; paper or electronic forms; index