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11 By whom a marriage must be solemnized
No marriage shall be valid unless solemnized by either:
1. A clergyman or minister of any religion, or by the senior leader,
or any of the other leaders, of The Society for Ethical Culture in the
city of New York, having its principal office in the borough
of Manhattan, or by the leader of The Brooklyn Society for Ethical
Culture, having its principal office in the borough of Brooklyn of
the city of New York, or of the Westchester Ethical Society, having
its principal office in Westchester county, or of the Ethical Culture
Society of Long Island, having its principal office in Nassau
county, or of the Riverdale-Yonkers Ethical Society having its
principal office in Bronx county, or by the leader of any other Ethical
Culture Society affiliated with the American Ethical Union.
2. A mayor of a village, a county executive of a county, or a mayor,
recorder, city magistrate, police justice or police magistrate of a
city, a former mayor or the city clerk of a city of the first class
of over one million inhabitants or any of his or her deputies or not
more than four regular clerks, designated by him or her for such
purpose as provided in section eleven-a of this chapter, except
that in cities which contain more than one hundred thousand and less
than one million inhabitants, a marriage shall be solemnized by
the mayor, or police justice, and by no other officer of such city,
except as provided in subdivisions one and three of this section.
3. A judge of the federal circuit court of appeals for the second
circuit, a judge of a federal district court for the northern, southern,
eastern or western district of New York, a judge of the United
States court of international trade, a federal administrative law
judge presiding in this state, a justice or judge of a court of the
unified court system, a housing judge of the civil court of the
city of New York, a retired justice or judge of the unified court
system or a retired housing judge of the civil court of the
city of New York certified pursuant to paragraph (k) of subdivision two
of section two hundred twelve of the judiciary law, the clerk of the
appellate division of the supreme court in each judicial department, a
retired city clerk who served for more than ten years in such capacity
in a city having a population of one million or more or a county
clerk of a county wholly within cities having a population of one
million or more; or,
4. A written contract of marriage signed by both parties and at least
two witnesses, all of whom shall subscribe the same within this state,
stating the place of residence of each of the parties and witnesses
and the date and place of marriage, and acknowledged before a judge
of a court of record of this state by the parties and witnesses in the
manner required for the acknowledgment of a conveyance of real
estate to entitle the same to be recorded.
5. Notwithstanding any other provision of this article, where either
or both of the parties is under the age of eighteen years a marriage
shall be solemnized only by those authorized in subdivision one of
this section or by (1) the mayor of a city or village, or county
executive of a county, or by (2) a judge of the federal circuit court of
appeals for the second circuit, a judge of a federal district
court for the northern, southern, eastern or western district of New
York, a judge of the United States court of international trade, or a
justice or a judge of a court of the unified court system, or by (3) a
housing judge of the civil court of the city of New York, or by (4) a
former mayor or the clerk of a city of the first class of over one
million inhabitants or any of his or her deputies designated by him or
her for such purposes as provided in section eleven-a of this chapter.
6. Notwithstanding any other provisions of this article to the
contrary no marriage shall be solemnized by a public officer specified
in this section, other than a judge of a federal district court for
the northern, southern, eastern or western district of New York, a
judge of the United States court of international trade, a federal
administrative law judge presiding in this state, a judge or justice
of the unified court system of this State, a housing judge of the civil
court of the city of New York, or a retired judge or justice of
the unified court system or a retired housing judge of the civil court
certified pursuant to paragraph (k) of subdivision two of section two
hundred twelve of the judiciary law, outside the territorial
jurisdiction in which he or she was elected or appointed. Such a public
officer, however, elected or appointed within the city of New York
may solemnize a marriage anywhere within such city.
7. The term "clergyman" or "minister" when used in this article, shall
include those defined in section two of the religious corporations law.
The word "magistrate, " when so used, includes any person referred to
in the second or third subdivision.
Laws of New York - DOM Domestic Relations - Article 3
for New York City to do Marriages
11-b Registration of persons performing marriage ceremonies in the city of New York
Laws of New York - DOM Domestic Relations - Article 3
Other Marriage Laws in New York
1 Short Title
This chapter shall be known as the "Domestic Relations Law."
Laws of New York - DOM Domestic Relations - Article 1
2 Definitions
A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years.
Laws of New York - DOM Domestic Relations - Article 1
5 Incestuous and void marriages
A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:
1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half blood;
3. An uncle and niece or an aunt and nephew.
If a marriage prohibited by the foregoing provisions of this section
be solemnized it shall be void, and the parties thereto shall each be
fined not less than fifty nor more than one hundred dollars and may,
in the discretion of the court in addition to said fine, be imprisoned
for a term not exceeding six months. Any person who shall knowingly
and wilfully solemnize such marriage, or procure or aid in the
solemnization of the same, shall be deemed guilty of a misdemeanor and
shall be fined or imprisoned in like manner.
Laws of New York - DOM Domestic Relations - Article 2
6 Void marriages
A marriage is absolutely void if contracted by a person whose
husband or wife by a former marriage is living, unless either:
1. Such former marriage has been annulled or has been dissolved for
cause other than the adultery of such person; provided, that if such
former marriage has been dissolved for the cause of the adultery of
such person, he or she may marry again in the cases provided for in
section eight of this chapter and such subsequent marriage shall be
valid;
3. Such former marriage has been dissolved pursuant to section seven-a of this chapter.
Laws of New York - DOM Domestic Relations - Article 2
7 Voidable marriages
A marriage is void from the time its nullity is declared by a
court of competent jurisdiction if either party thereto:
1. Is under the age of legal consent, which is eighteen years,
provided that such nonage shall not of itself constitute an absolute
right to the annulment of such marriage, but such annulment shall be
in the discretion of the court which shall take into consideration all
the facts and circumstances surrounding such marriage;
2. Is incapable of consenting to a marriage for want of understanding;
3. Is incapable of entering into the married state from physical cause;
4. Consent to such marriage by reason of force, duress or fraud;
5. Has been incurably mentally ill for a period of five years or more.
Laws of New York - DOM Domestic Relations - Article 2
8 Marriage after divorce
Whenever, and whether prior or subsequent to September first,
nineteen hundred sixty-seven, a marriage has been dissolved by divorce,
either party may marry again.
Laws of New York - DOM Domestic Relations - Article 2
10 Marriage a civil contract
Marriage, so far as its validity in law is concerned, continues to
be civil contract, to which the consent of parties capable in law of
making a contract is essential.
Laws of New York - DOM Domestic Relations - Article 3
11-a Duty of city clerk in certain cities of the first class; facsimile signature of said clerk authorized
1. a. The city clerk of a city of the first class of over one
million inhabitants may designate in writing any of his deputies
or not more than four from among the permanent members of his staff to
perform marriage ceremonies, which designation shall be in writing
and be filed in the office of such city clerk. The day of such filing
shall be endorsed on the designation. Any such designation shall
be and remain in effect for six months from the filing thereof.
b. Whenever persons to whom the city clerk of any such city of the
first class shall have issued a marriage license shall request him to
solemnize the rites of matrimony between them and present to him
such license it shall be the duty of such clerk, either in person or
by one of his deputies or the permanent members of his staff so
designated by him to solemnize such marriage; provided, however,
that nothing contained either in this section or in subdivision two
of section eleven of this chapter shall be construed as empowering or
requiring either the said city clerk or any of his designated
deputies or the permanent members of his staff so designated to
solemnize marriages at any place other than at the office of such city
clerk.
c. Notwithstanding any other provision of this article upon
presentation to said city clerk in person or to any of his deputies of
such license by one or both of such persons under the age of
eighteen years with a request to solemnize the rites of matrimony
between them, it shall be the duty of such city clerk either in person
or by one of his deputies to solemnize such marriage provided there
is submitted to said city clerk, in addition, the written request
therefor by the parents of any such persons under the age of eighteen
years and provided further that said parents shall be personally
present at such requested solemnization.
d. In all cases in which the city clerk of such city or one of his
deputies or the permanent members of his staff so designated shall
perform a marriage ceremony such official shall demand and be
entitled to collect therefor a fee to be fixed by the council of the
city of New York not exceeding twenty-five dollars, which sum shall be
paid by the contracting parties before or immediately upon the
solemnization of the marriage; and all such fees so received shall be
paid over to the commissioner of finance of the city.
2. The signature and seal of said clerk of cities of the first class
of over one million inhabitants upon the marriage license, certificate
of marriage, registration, and marriage search provided by this
article may be a facsimile imprinted, stamped, or engraved thereon.
3. The said clerk of cities of the first class of one million
inhabitants or more may designate among the permanent members of his
staff one or more individuals who shall be permitted to sign his
name and affix his official seal upon the marriage license,
certificate of marriage registration, and marriage search provided by
this article requiring the signature and seal of the city clerk.
Laws of New York - DOM Domestic Relations - Article 3
11-c Marriage officers
1. Notwithstanding the provisions of section eleven of this
article or any other law, the governing body of any village, town, or
city may appoint one or more marriage officers who shall have the
authority to solemnize a marriage which marriage shall be valid if
performed in accordance with other provisions of law. Nothing herein
contained shall nullify the authority of other persons authorized to
solemnize marriages.
2. The number of such marriage officers appointed for a municipality
shall be determined by the governing body of the municipality. Such
marriage officers shall be eighteen years of age or over, and they
shall reside in the municipality by which they are appointed. A
marriage officer shall have the authority to solemnize a marriage
within the territory of the municipality which makes the appointment.
3. A marriage officer may receive a salary or wage in an amount to be
determined by the governing body of the municipality which appoints him
or her. In the event that a marriage officer receives a salary or
wage, he or she shall not receive any remuneration or consideration
from any other source for performing his or her duties. In the event
that a marriage officer does not receive a salary or wage, he or she
may accept and keep up to seventy-five dollars for each marriage at
which he or she officiates, paid by or on behalf of the persons married.
4. The term of office of a marriage officer shall be as determined by
the governing body which makes the appointment but shall not exceed four
years. A marriage officer shall serve at the pleasure of the
appointing authority and may be removed from office with or without
cause on ten days written notice filed with the clerk of the
municipality and sent by registered mail return receipt requested to the
marriage officer.
Laws of New York - DOM Domestic Relations - Article 3
12 Marriage, how solemnized
No particular form or ceremony is required when a marriage is
solemnized as herein provided by a clergyman or magistrate, but the
parties must solemnly declare in the presence of a clergyman or
magistrate and the attending witness or witnesses that they take each
other as husband and wife. In every case, at least one witness
beside the clergyman or magistrate must be present at the
ceremony. The preceding provisions of this chapter, so far as they
relate to the manner of solemnizing marriages, shall not affect
marriages among the people called friends or quakers; nor marriages
among the people of any other denominations having as such any
particular mode of solemnizing marriages; but such marriages
must be solemnized in the manner heretofore used and practiced
in their respective societies or denominations, and marriages so
solemnized shall be as valid as if this article had not been enacted.
Laws of New York - DOM Domestic Relations - Article 3
13 Marriage licenses
It shall be necessary for all persons intended to be married in
New York state to obtain a marriage license from a town or city clerk
in New York state and to deliver said license, within sixty days, to
the clergyman or magistrate who is to officiate before the marriage
ceremony may be performed. In case of a marriage contracted
pursuant to subdivision four of section eleven of this chapter,
such license shall be delivered to the judge of the court of record
before whom the acknowledgment is to be taken. If either party to the
marriage resides upon an island located not less than twenty-five miles
from the office or residence of the town clerk of the town of which
such island is a part, and if such office or residence is not on such
island such license may be obtained from any justice of the peace
residing on such island, and such justice, in respect to powers and
duties relating to marriage licenses, shall be subject to the
provisions of this article governing town clerks and shall file all
statements or affidavits received by him while acting under the
provisions of this section with the town clerk of such town.
Laws of New York - DOM Domestic Relations - Article 3
13-aa Test to determine the presence of sickle cell anemia
1. On and after the effective date of this act, such test as may
be necessary shall be given to each applicant for a marriage license who
is not of the Caucasian, Indian or Oriental race for the purposes
of discovering the existence of sickle cell anemia and notifying the
applicant of the results of such test.
2. No application for a marriage license shall be denied solely on
the ground that such test proves positive, nor shall the absence of such
test invalidate a marriage.
3. The provisions of this section shall not apply to any person who
refuses to take such test because of his religious beliefs.
Laws of New York - DOM Domestic Relations - Article 3
13-b Time within which marriage may be solemnized
A marriage shall not be solemnized within twenty-four hours
after the issuance of the marriage license, unless authorized by an
order of a court of record as hereinafter provided, nor shall it be
solemnized after sixty days from the date of the issuance of the
marriage license unless authorized pursuant to section three
hundred fifty-four-d of the executive law. Every license to marry
hereafter issued by a town or city clerk, in addition to other
requirements specified by this chapter, must contain a statement of
the day and the hour the license is issued and the period during which
the marriage may be solemnized. It shall be the duty of the clergyman or
magistrate performing the marriage ceremony, or if the marriage is
solemnized by written contract, of the judge before whom the contract
is acknowledged, to annex to or endorse upon the marriage license
the date and hour the marriage is solemnized. A judge or justice of the
supreme court of this state or the county judge of the county in which
either party to be married resides, or if such party is under
sixteen years of age, the judge of the family court of such county, if
it shall appear from an examination of the license and any other
proofs submitted by the parties that one of the parties is in
danger of imminent death, or by reason of other emergency public
interest will be promoted thereby, or that such delay will work
irreparable injury or great hardship upon the contracting parties, or
one of them, may make an order authorizing the immediate solemnization
of the marriage and upon filing such order with the clergyman or
magistrate performing the marriage ceremony, or if the marriage is
to be solemnized by written contract, with the judge before whom the
contract is acknowledged, such clergyman or magistrate may solemnize
such marriage, or such judge may take such acknowledgment as the case
may be, without waiting for such three day period and twenty-four
hour period to elapse. The clergyman, magistrate or judge must file such
order with the town or city clerk who issued the license within five
days after the marriage is solemnized. Such town or city clerk
must record and index the order in the book required to be kept by
him for recording affidavits, statements, consents and licenses,
and when so recorded the order shall become a public record and
available in any prosecution under this section. A person who shall
solemnize a marriage in violation of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of fifty dollars for each offense, and in addition thereto, his right to
solemnize a marriage shall be suspended for ninety days.
Laws of New York - DOM Domestic Relations - Article 3
13-d Duty of clerk issuing marriage license
1. It shall be the duty of each town and each city clerk or duly
authorized deputy acting in the clerk's stead, upon the issuance of a
marriage license to display to the parties a typed or printed statement
containing substantially the same following information: "Rubella,
also known as 'German measles', is a common childhood disease. It
is usually not serious to children who contract it themselves,
but can be a tragic crippler of unborn babies if transmitted to
pregnant women. Rubella infection poses a grave threat to the unborn
child, especially during the first four months of pregnancy. It can
lead to miscarriage, stillbirth, or one or all of the tragic defects
such as deafness, blindness, crippling congenital heart disease,
mental retardation and muscular and bone defects. In order to be
immune to rubella, one must either receive the rubella vaccine or
actually have had the disease. To see whether you are susceptible
to rubella, you can get a blood test from your doctor. Even more
important is the availability of a rubella vaccine which will
prevent you from ever contracting the disease. In order to protect
yourself, your family, and your friends, please take steps to prevent
the tragic effects of rubella. Please contact your family doctor,
health care provider, public health facility or clinic for further
information."
2. It shall also be the duty of each town and city clerk or duly
authorized deputy acting in the clerk's stead to provide to each
applicant for a marriage license information regarding the
Thalassemia Trait. The department of health shall prepare information,
including but not limited to, the blood disorder Thalassemia Trait and
other inherited conditions affecting the population of New York state.
3. No cause of action for damages shall arise in favor of any person
or person yet to be born by reason of any failure to comply with the
provisions of this section.
Laws of New York - DOM Domestic Relations - Article
14 Town and city clerks to issue marriage licenses; form
State of New York County of ................ City or town of ..........
Know all men by this certificate that any person authorized by law to perform marriage ceremonies within the state of New York to whom this may come, he not knowing any lawful impediment thereto, is hereby authorized and empowered to solemnize the rites of matrimony between ............. of ........... in the county of ............. and state of New York and .................. of ................... in the county of ............. and state of New York and to certify the same to the said parties or either of them under his hand and seal in his ministerial or official capacity and thereupon he is required to return his certificate in the form hereto annexed. The statements endorsed hereon or annexed hereto, by me subscribed, contain a full and true abstract of all of the facts concerning such parties disclosed by their affidavits or verified statements presented to me upon the application for this license. This certificate is to be returned addressed to the undersigned at
..................., ............................, .................
(Street) (City, Town, Village) (State)
In testimony whereof, I have hereunto set my hand and affixed the seal of said town or city at .......... this ....... day of ........ nineteen ........, at........m. Seal.
The form of the certificate annexed to said license and therein referred to shall be as follows: I, .... a ....., residing at ......... in the county of ........ and state of New York do hereby certify that I did on this ......... day of .... in the year, nineteen ......... at .....m, at ....... in the county of .......... and the state of New York, solemnize the rites of matrimony between .... of ..... in the county of ........... and state of New York, and .... of ..... in the county of ............. and state of New York in the presence of ..... and ..... as witness, and the license therefor is hereto annexed. Witness my hand ...... in the county of ....... this ....... day of ....., nineteen ..... In the presence of ...............
...............
...............
There shall be endorsed upon the license or annexed thereto at the end thereof, subscribed by the clerk, an abstract of the facts concerning the parties as disclosed in their affidavits or verified statements at the time of the application for the license made in conformity to the provisions of section fifteen of this chapter. There shall also be stated upon the license the exact period during which the marriage may be solemnized.
The license issued, including the abstract of facts, and the certificate duly signed by the person who shall have solemnized the marriage therein authorized, shall be returned by him, and where the marriage is solemnized by a written contract, the judge before whom acknowledgment is made shall forward such contract and marriage license to the office of the town or city clerk who issued the license within five days succeeding the date of the solemnizing of the marriage therein authorized and any person or persons who shall wilfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars for each and every offense.
When a marriage is solemnized by a city, town or village justice outside of the territorial jurisdiction in which such justice was elected or appointed, as provided in subdivision six of section eleven of this chapter, there shall be affixed to such license prior to filing, the official or common seal of the court or of the municipality in which such justice was elected or appointed.
Laws of New York - DOM Domestic Relations - Article 3
14-a Town and city clerks to issue certificates of marriage registration; form
1. Upon receipt of the return of the marriage license,
properly endorsed and completed by the person who shall have
solemnized a marriage as provided in this article, the town and city
clerks of each and every town or city in the state shall,
after abstracting, recording and indexing the statement of
performance of solemnization, issue to the couple within fifteen
days after such receipt or return of the completed marriage license a
certificate of marriage, which certificate shall be substantially in
the following form and contain the following facts:
Record No............of Year........
THIS IS TO CERTIFY
that ................................................................. ,
first name, premarriage surname, new surname (if applicable)
residing at .......................................................... ,
who was born on ........................., at ........................ ,
date
and .................................................................. ,
first name, premarriage surname, new surname (if applicable)
residing at .......................................................... ,
who was born ........................,at ............................ ,
date
were married on .......................at ............................. ,
date
as shown by the duly registered license and certificate of marriage of said persons on file in this office.
(SEAL) ......................................
Town or City Clerk
Dated at.................., N. Y.
.................................
No other facts contained in the affidavits, statements, consents or
licenses shall be certified by such town and city clerks,
unless expressly requested in writing by the man or woman named
in such affidavit, license, statement or record.
2. a. Such town and city clerks shall be entitled to a fee for such
certificate, payable at the time of issuance of the marriage license, in
a sum not exceeding ten dollars, to be fixed in the case of town
clerks by the town board, and in the case of city clerks by the common
council or governing body of such cities. The town and city clerks
shall, upon request of any applicant whose name appears thereon, issue
a similar certificate of marriage, as set forth above, and similarly
expanded with additional facts upon the express additional request, for
all marriages heretofore indexed and recorded in the office of the
town or city clerks. For such certificate of marriage, the town and
city clerks shall be entitled to a fee not exceeding ten dollars, to be
fixed in the case of town clerks by the town board, and in the case of
city clerks by the common council or governing body of such city.
b. In addition to the foregoing, upon request of any applicant whose
name appears thereon for a certificate of marriage, the town or city
clerk may issue a photograph, micro-photograph or photocopy of
the marriage record on file in the office of such clerk. Such
photograph, micro-photograph or photocopy, when certified by the town or
city clerk,
shall be deemed an original record for all purposes,
including introduction in evidence in all courts or administrative
agencies. For such certificate of marriage and the certification
thereof, the town or city clerk shall be entitled to a fee not
exceeding ten dollars, to be fixed in the case of town clerks by the
town board, and in the case of city clerks by the common council or
governing body of such city.
3. No fee shall be charged for any certificate when required by the
veterans administration or by the division of veterans' affairs of the
state of New York to be used in determining the eligibility of
any person to participate in the benefits made available by the
veterans administration or by the state of New York.
4. A copy of the record of marriage registration when properly
certified by the city and town clerks or their duly authorized deputies,
as herein provided, shall be prima facie evidence of the facts
therein stated and in all actions, proceedings or applications,
judicial, administrative or otherwise, and any such certificate of
registration of marriage shall be accepted with the same force and
effect with respect to the facts therein stated as the original
certificate of marriage or certified copy thereof.
5. Upon request of any applicant whose name appears thereon for a
certificate of marriage, the town or city clerk shall be authorized to
correct any errors on such marriage certificate where: a. such error
was not the result of any intended fraud, deception or attempt to
avoid the effect of any valid law, regulation or statute; and b.
either party to the marriage provides proof, satisfactory to the
clerk, of the accuracy of the facts presented in support of correcting
the error. To effectuate such correction and provide certified
copies of the amended certificate, the town or city clerk shall be
entitled to a fee not exceeding ten dollars to be fixed in the case
of town clerks by the town board, and in the case of city clerks by
the common council or governing body of such city. The clerk
shall forward a copy of such amended certificate to the commissioner of
health.
Laws of New York - DOM Domestic Relations - Article 3
15 Duty of town and city clerks
1. (a) It shall be the duty of the town or city clerk when an
application for a marriage license is made to him or her to
require each of the contracting parties to sign and verify a statement
or affidavit before such clerk or one of his or her deputies,
containing the following information. From the groom: Full name of
husband, place of residence, social security number, age, occupation,
place of birth, name of father, country of birth, maiden name of
mother, country of birth, number of marriage. From the bride: Full
name of bride, place of residence, social security number, age,
occupation, place of birth, name of father, country of birth, maiden
name of mother, country of birth, number of marriage. The said
clerk shall also embody in the statement if either or both of the
applicants have been previously married, a statement as to whether
the former husband or husbands or the former wife or wives of the
respective applicants are living or dead and as to whether either or
both of said applicants are divorced persons, if so, when and where and
against whom the divorce or divorces were granted and shall also
embody therein a statement that no legal impediment exists as to the
right of each of the applicants to enter into the marriage state. The
town or city clerk is hereby given full power and authority to
administer oaths and may require the applicants to produce witnesses to
identify them or either of them and may examine under oath or
otherwise other witnesses as to any material inquiry pertaining to the
issuing of the license, and if the applicant is a divorced
person the clerk may also require the production of a certified copy
of the decree of the divorce, or proof of an existing marriage of
parties who apply for a license to be used for a second or subsequent
ceremony; provided, however, that in cities of the first class the
verified statements and affidavits may be made before any regular clerk
of the city clerk's office designated for that purpose by the city
clerk.
(b) Every application for a marriage license shall contain a statement to the following effect:
NOTICE TO APPLICANTS
(1) Every person has the right to adopt any name by which he or
she wishes to be known simply by using that name consistently and
without intent to defraud.
(2) A person's last name (surname) does not automatically change
upon marriage, and neither party to the marriage must change his or her
last name. Parties to a marriage need not have the same last name.
(3) One or both parties to a marriage may elect to change the
surname by which he or she wishes to be known after the
solemnization of the marriage by entering the new name in the space
below. Such entry shall consist of one of the following surnames:
(i) the surname of the other spouse; or
(ii) any former surname of either spouse; or
(iii) a name combining into a single surname all or a segment of
the premarriage surname or any former surname of each spouse; or
(iv) a combination name separated by a hyphen, provided that each
part of such combination surname is the premarriage surname, or any
former surname, of each of the spouses.
(4) The use of this option will have the effect of providing a
record of the change of name. The marriage certificate, containing
the new name, if any, constitutes proof that the use of the new
name, or the retention of the former name, is lawful.
(5) Neither the use of, nor the failure to use, this option
of selecting a new surname by means of this application abrogates the
right of each person to adopt a different name through usage at some
future date.
.....................................
(Optional -- Enter new surname above)
2. If it appears from the affidavits and statements so taken, that the
persons for whose marriage the license in question is demanded are
legally competent to marry, the said clerk shall issue such
license except in the following cases. If it shall appear upon an
application that the applicant is under eighteen years of age, before
the town or city clerk shall issue a license, he shall require
documentary proof of age in the form of an original or certified copy of
a birth record, a certification of birth issued by the state
department of health, a local registrar of vital statistics or
other public officer charged with similar duties by the laws of any
other state, territory or country, a baptismal record, passport,
automobile driver's license, life insurance policy, employment
certificate, school record, immigration record, naturalization
record or court record, showing the date of birth of such minor. If
the town or city clerk shall be in doubt as to whether an applicant
claiming to be over eighteen years of age is actually over eighteen
years of age, he shall, before issuing such license, require
documentary proof as above defined. If it shall appear upon an
application of the applicants as provided in this section or
upon information required by the clerk that either party is at least
sixteen years of age but under eighteen years of age, then the town
or city clerk before he shall issue a license shall require the written
consent to the marriage from both parents of the minor or minors
or such as shall then be living, or if the parents of both are dead,
then the written consent of the guardian or guardians of such minor
or minors. If one of the parents has been missing and has not been seen
or heard from for a period of one year preceding the time of the
application for the license, although diligent inquiry has been
made to learn the whereabouts of such parent, the town or city
clerk may issue a license to such minor upon the sworn statement and
consent of the other parent. If the marriage of the parents of such
minor has been dissolved by decree of divorce or annulment, the
consent of the parent to whom the court which granted the decree has
awarded the custody of such minor shall be sufficient. If there is
no parent or guardian of the minor or minors living to their knowledge
then the town or city clerk shall require the written consent
to the marriage of the person under whose care or government the minor
or minors may be before a license shall be issued. If a parent of
such minor has been adjudicated an incompetent, the town or city clerk
may issue a license to such minor upon the production of a
certified copy of such judgment so determining and upon the written
consent of the other parent. If there is no other parent whose
consent is required by this section, then and in such event, the town
or city clerk shall require the written consent of the guardian of such
minor or of the person under whose care or government the minor may be
before a license shall be issued. The parents, guardians, or other
persons whose consent it shall be necessary to obtain and file with the
town or city clerk before the license shall issue, shall
personally appear and acknowledge or execute the same before the
town or city clerk, or some other officer authorized to administer
oaths and take acknowledgments provided that where such affidavit or
acknowledgment is made before an official other than an officer
designated in section two hundred ninety-eight of the real property law
as authorized to take such affidavit or acknowledgment if a conveyance
of real property were being acknowledged or proved, or if a
certificate of authentication would be required by section three hundred
ten of the real property law to entitle the instrument to be
recorded if it were a conveyance of realproperty, the consent when
filed must have attached thereto a certificate of authentication.
3. If it shall appear upon an application for a marriage license that
either party is under the age of sixteen years, the town or city clerk
shall require, in addition to any consents provided for in this
section, the written approval and consent of a justice of the supreme
court or of a judge of the family court, having jurisdiction over the
town or city in which the application is made, to be attached to or
endorsed upon the application, before the license is issued. The
application for such approval and consent shall be heard by the judge
at chambers. All papers and records pertaining to any such
application shall be sealed by him and withheld from inspection, except
by order of a court of competent jurisdiction. Before issuing any
licenses herein provided for, the town or city clerk shall be entitled
to a fee of thirty dollars, which sum shall be paid by the
applicants before or at the time the license is issued. Any town or city
clerk who shall issue a license to marry any persons one or both
of whom shall not be at the time of the marriage under such license
legally competent to marry without first requiring the parties to
such marriage to make such affidavits and statements or who shall not
require the production of documentary proof of age or the procuring of
the approval and consents provided for by this article, which shall
show that the parties authorized by said license to be married are
legally competent to marry, shall be guilty of a misdemeanor and on
conviction thereof shall be fined in the sum of one hundred dollars
for each and every offense. On or before the fifteenth day of each
month, each town and city clerk, except in the city of New York, shall
transmit to the state commissioner of health twenty-two dollars and
fifty cents of the amount received for each fee collected, which
shall be paid into the vital records management account as provided by
section ninety-seven-cccc of the state finance law. In any city
the balance of all fees collected for the issuing of a marriage license,
or for solemnizing a marriage, so far as collected for services
rendered by any officer or employee of such city, shall be paid
monthly into the city treasury and may by ordinance be credited to
any fund therein designated, and said ordinance, when duly enacted,
shall have the force of law in such city. Notwithstanding any other
provisions of this article, the clerk of any city with the approval
of the governing body of such city is hereby authorized to designate,
in writing filed in the city clerk's office, a deputy clerk, if any,
and/or other city employees in such office to receive applications
for, examine applications, investigate and issue marriage licenses in
the absence or inability of the clerk of said city to act, and
said deputy and/or employees so designated are hereby vested with all
the powers and duties of said city clerk relative thereto. Such deputy
and/or employees shall perform said duties without additional
compensation.
4. Notwithstanding any other provision of this section, the city clerk
of the city of New York, before issuing any licenses herein provided
for, shall be entitled to a fee of twenty-five dollars, which sum
shall be paid by the applicants before or at the time the license is
issued and all such fees so received shall be paid monthly into
the city treasury.
Laws of New York - DOM Domestic Relations - Article 3
15-a Marriages of minors under fourteen years of age
Any marriage in which either party is under the age of fourteen
years is hereby prohibited. Any town or city clerk who shall
knowingly issue a marriage license to any persons, one or both of whom
shall be at the time of their contemplated marriage actually
under the age of fourteen years, shall be guilty of a misdemeanor and
on conviction thereof shall be fined in the sum of one hundred
dollars.
Laws of New York - DOM Domestic Relations - Article 3
16 False statements and affidavits
Any person who shall in any affidavit or statement required or
provided for in this article wilfully and falsely swear in regard to any
material fact as to the competency of any person for whose marriage the
license in question or concerning the procuring or issuing of which
such affidavit or statement may be made shall be deemed guilty of
perjury and on conviction thereof shall be punished as provided by
the statutes of this state.
Laws of New York - DOM Domestic Relations - Article 3
17 Clergyman or officer violating article; penalty
If any clergyman or other person authorized by the laws of
this state to perform marriage ceremonies shall solemnize or presume
to solemnize any marriage between any parties without a license being
presented to him or them as herein provided or with knowledge that
either party is legally incompetent to contract matrimony as is
provided for in this article he shall be guilty of a misdemeanor and on
conviction thereof shall be punished by a fine not less than
fifty dollars nor more than five hundred dollars or by imprisonment for
a term not exceeding one year.
Laws of New York - DOM Domestic Relations - Article 3
18 Clergymen or officer, when protected
Any such clergymen or officer as aforesaid to whom any such
license duly issued may come and not having personal knowledge of
the incompetency of either party therein named to contract matrimony,
may lawfully solemnize matrimony between them.
Laws of New York - DOM Domestic Relations - Article 3
19 Records to be kept by town and city clerks
1. Each town and city clerk hereby empowered to issue marriage
licenses shall keep a book supplied by the state department of health in
which such clerk shall record and index such information as is
required therein, which book shall be kept and preserved as a part of
the public records of his office. Whenever an application is made
for a search of such records the city or town clerk, excepting the
city clerk of the city of New York, may make such search and furnish a
certificate of the result to the applicant upon the payment of a
fee of five dollars for a search of one year and a further fee of one
dollar for the second year for which such search is requested and fifty
cents for each additional year thereafter, which fees shall be paid
in advance of such search. Whenever an application is made for a
search of such records in the city of New York, the city clerk
of the city of New York may make such search and furnish a certificate
of the result to the applicant upon the payment of a fee of five dollars
for a search of one year and a further fee of one dollar for the
second year for which search is requested and fifty cents each
additional year thereafter. Notwithstanding any other provision of this
article, no fee shall be charged for any search or certificate when
required by the veterans administration or by the division of veterans'
affairs of the state of New York to be used in determining
the eligibility of any person to participate in the benefits made
available by the veterans administration or by the state of New York.
All such affidavits, statements and consents, immediately upon
the taking or receiving of the same by the town or city clerk, shall be
recorded and indexed as provided herein and shall be public
records and open to public inspection whenever the same may be
necessary or required for judicial or other proper purposes. At
such times as the commissioner shall direct, the said town or city
clerk, excepting the city clerk of the city of New York, shall file
in the office of the state department of health the original of each
affidavit, statement, consent, order of a justice or judge
authorizing immediate solemnization of marriage, license and
certificate, filed with or made before such clerk during the preceding
month. Such clerk shall not be required to file any of said documents
with the state department of health until the license is returned
with the certificate showing that the marriage to which they refer
has been actually performed. The county clerks of the counties
comprising the city of New York shall cause all original
applications and original licenses with the marriage solemnization
statements thereon heretofore filed with each, and all papers and
records and binders relating to such original documents pertaining
to marriage licenses issued by said city clerk, in their custody and
possession to be removed, transferred, and delivered to the borough
offices of the city clerk in each of said counties.
2. (a) In lieu of the requirement of maintaining a book supplied by
the state department of health pursuant to subdivision one hereof, each
town or city clerk may cause all information as is required by law
or rule or regulation of the department to be kept in such books to
be photocopied, photographed, microphotographed or reproduced on film
which shall be kept and preserved as part of the public records of his
office together with an index thereto. Such photographic film
shall be of durable material and the device used to reproduce such
records on such film shall be one which accurately reproduces the
original record in all details.
(b) Such photocopy or photographic film shall be deemed to be an
original record for all purposes, including introduction in evidence in
all courts or administrative agencies. A transcript, exemplification
or
certified copy thereof shall, for all purposes, be deemed to be a
transcript, exemplification or certified copy of the original.
Laws of New York - DOM Domestic Relations - Article 3
19-a Marriages on vessels; reports and records
The master, chief officer, ship's surgeon, or the company,
corporation, charterer, or person having the management and
control of any vessel which shall arrive at the port of New York, shall
report, in writing, to the city clerk of the city of New York
within three days after the arrival of such vessel the marriage of any
resident of such city occurring thereon at sea, and shall file with
such clerk a transcript of the entry made in the log book of such vessel
in respect to any such marriage.
Laws of New York - DOM Domestic Relations - Article 3
20 Records to be kept by the state department of health and the city clerk of the city of New York
All original affidavits, statements, consents and licenses with
certificates attached, and also all written contracts of marriages
outside of the city of New York shall be kept on file and properly
indexed by the state department of health, and such similar
evidences of marriage in the city of New York shall be kept on file and
properly indexed by the city clerk of the city of New York. They
shall be carefully examined, and if any such are incomplete or
unsatisfactory the state commissioner of health and in the city of New
York the city clerk shall require such further information to
be supplied as may be necessary to make the record complete
and satisfactory. Whenever it is claimed that a mistake has been
made through inadvertence in any of the statements, affidavits or
other papers required by this section to be filed with the state
department of health, and in the city of New York with the city
clerk's office, the state commissioner of health and in the city of New
York the city clerk may file with the same, affidavits upon the part
of the person claiming to be aggrieved by such mistake, showing the true
facts and the reason for the mistake and may make a note upon such
original paper, statement or affidavit showing that a mistake is claimed
to have been made and the nature thereof.
Laws of New York - DOM Domestic Relations - Article 3
20-a Certified transcripts of records; state commissioner of health may furnish
The state commissioner of health or person authorized by him
shall, upon request, supply to any applicant a certified transcript of
any marriage registered under the provisions of this article, unless he
is satisfied that the same does not appear to be necessary or
required for judicial or other proper purposes. Any transcript of the
record of a marriage, when properly certified by the state
commissioner of health or person authorized to act for him, shall
be prima facie evidence in all courts and places of the facts therein
stated. For any search of the files and records conducted for
authorized research purposes, the state commissioner of health shall be
entitled to a fee of twenty dollars for each hour or fractional part of
an hour of time of search, together with a fee of two dollars for
each uncertified copy or abstract of such marriage record requested by
the applicant, said fees to be paid by the applicant. Each applicant
for a certified transcript of a marriage record shall remit to the
state commissioner of health a fee of thirty dollars in payment for
the search of the files and records and the furnishing of a certified
copy if such record is found or for a certification that a search
discloses no record of a marriage.
Laws of New York - DOM Domestic Relations - Article 3
20-b Certification of marriage; state commissioner of health may furnish
1. The state commissioner of health or person authorized by him
shall, upon request, issue to any applicant a certification of any
marriage registered under the provisions of this article, unless he
is satisfied that the same does not appear to be necessary or required
for judicial or other proper purposes. Any such certification of
marriage made by such commissioner or person authorized to act for him
shall be prima facie evidence in all courts and places of the
facts therein stated.
2. Such certification shall contain a statement of the respective
names, dates and places of birth and places of the then residence of
each of the parties to such marriage and the date and place thereof.
3. Each applicant for a certification of marriage shall remit to the
commissioner with such application a fee of thirty dollars in payment
for the search of the files and records and the furnishing of
such certification if a record thereof is found or for a certification
that a search discloses no record of a marriage.
4. The federal agency in charge of vital statistics may obtain, at a
fee acceptable to the commissioner, information from marriage records
for use solely as statistical data.
Laws of New York - DOM Domestic Relations - Article 3
21 Forms and books to be furnished
The proper books for registration, blank forms for
marriage licenses, certificates, statements and affidavits and such
other blanks as shall be necessary to comply with the provisions of
this article, shall be prepared by the state department of health and
shall be furnished by said department at the expense of the state to
the town and city clerks filing records with the state department of
health in such quantities as their necessities shall require.
Laws of New York - DOM Domestic Relations - Article 3
22 Penalty for violation
Any town or city clerk who shall violate any of the provisions of
this article or shall fail to comply therewith shall be deemed
guilty of a misdemeanor and shall pay a fine not exceeding the sum
of one hundred dollars on conviction thereof.
Laws of New York - DOM Domestic Relations - Article 3
23 Supervision of and inspection of town and city clerks' records by state commissioner of health
The registration and recording of all marriages outside the city
of New York shall be under the supervision of the state commissioner of
health. The commissioner, either personally or by an accredited
representative, may at any time inspect the record and index of marriage
licenses issued by any town or city clerk and promulgate
rules and regulations for insuring complete registration. When he
shall deem it necessary, he shall report cases of violation of any of
the provisions of this article to the district attorney of the
county, with a statement of the facts and circumstances; and when any
such case is reported to him by the state commissioner of health,
the prosecuting attorney shall forthwith initiate and promptly follow up
the necessary court proceedings against the person or persons
responsible for the alleged violation of law. Upon request of the state
commissioner of health, the attorney-general shall assist in the
enforcement of the provisions of this article.
Laws of New York - DOM Domestic Relations - Article 3
24 Effect of marriage on legitimacy of children
1. A child heretofore or hereafter born of parents who prior or
subsequent to the birth of such child shall have entered into a
civil or religious marriage, or shall have consummated a common-law
marriage where such marriage is recognized as valid, in the manner
authorized by the law of the place where such marriage takes place, is
the legitimate child of both birth parents notwithstanding that
such marriage is void or voidable or has been or shall hereafter
be annulled or judicially declared void.
2. Nothing herein contained shall be deemed to affect the construction
of any will or other instrument executed before the time this act shall
take effect or any right or interest in property or right of
action vested or accrued before the time this act shall take
effect, or to limit the operation of any judicial determination
heretofore made containing express provision with respect to the
legitimacy, maintenance or custody of any child, or to affect any
adoption proceeding heretofore commenced, or limit the effect of any
order or orders entered in such adoption proceeding.
Laws of New York - DOM Domestic Relations - Article 3
25 License, when to be obtained
The provisions of this article pertaining to the granting of the
licenses before a marriage can be lawfully celebrated apply to
all persons who assume the marriage relation in accordance with
subdivision four of section eleven of this chapter. Nothing in this
article contained shall be construed to render void by reason of a
failure to procure a marriage license any marriage solemnized between
persons of full age nor to render void any marriage between minors or
with a minor under the legal age of consent where the consent of
parent or guardian has been given and such marriage shall be for such
cause voidable only as to minors or a minor upon complaint of such
minors or minor or of the parent or guardian thereof.
Laws of New York - DOM Domestic Relations - Article 3