HB584INTRODUCED
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HB584
MS8XQHW-1
By Representative Hill
RFD: Judiciary
First Read: 17-Apr-25
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5 MS8XQHW-1 04/16/2025 GP (L)lg 2025-1602
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First Read: 17-Apr-25
SYNOPSIS:
Under existing law, to solemnize a marriage, the
only requirement is for the parties to be married to
submit an affidavit with certain identifying
information and record it with the judge of probate
within 30 days of the last signature of the affidavit.
This bill would recognize the traditional
marriage solemnization practices of certain religious
societies, including Quakers and Mennonites, as lawful
marriages, provided the parties to be married are
otherwise legally authorized to do so.
This bill would exempt such traditional marriage
solemnization practices from the requirement that
marriages be recorded by the judge of probate in order
to be legally valid.
Also under existing law, a marriage is valid on
the date the marriage is executed by both parties.
This bill would allow parties entering into a
marriage who engage in a marriage ceremony to designate
the date of the marriage ceremony as the date the
marriage became valid.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to marriage; to amend Section 30-1-9.1, Code
of Alabama 1975; to add Section 30-1-9.2 to the Code of
Alabama 1975; to further provide for the date that marriages
become valid; to authorize certain religious societies to
solemnize marriages; to further provide for legal records of
marriage; and to exempt certain religious marriages from
recording requirements.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 30-1-9.1, Code of Alabama 1975, is
amended to read as follows:
"§30-1-9.1
(a) On August 29, 2019, and thereafter, the only
requirement for a marriage in this state shall be for parties
who are otherwise legally authorized to be married to enter
into a marriage as provided in this section. However, the
judge of probate shall continue to collect the recording fee
provided for in subdivision (32) of subsection (b) of Section
12-19-90(b)(32) for each marriage recorded with the judge of
probate. Furthermore, at the time the marriage is recorded,
the judge of probate shall also collect the fee provided for
in Section 30-6-11, to be distributed as provided in that
section.
(b) The marriage document required to be executed by
the parties shall contain information to identify the parties
as set forth in Section 22-9A-6, as well as the following
minimum information:
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minimum information:
(1) The full legal names of both of the parties.
(2) A notarized affidavit from each party declaring all
of the following:
a. The affiant is not currently married.
b.1. The affiant is at least 18 years of age; or
2. The affiant is at least 16 and under 18 years of age
and has the consent of a parent or guardian.
c. The affiant is legally competent to enter into a
marriage.
d. The parties are not related by blood or adoption
such that the marriage would violate Section 13A-13-3.
e. The affiant is entering into the marriage
voluntarily and of his or her own free will and not under
duress or undue influence.
(3) The signatures of the parties.
(c) A marriage conforming to the requirements of this
section shall be valid on either of the following dates, as
designated by the parties entering into the marriage: the
(1) The date the marriage is executed by both parties,
provided the affidavits, forms, and data are recorded in the
office of the judge of probate within 30 days of the date of
the last party's signature in accordance with Section
22-9A-17.
(2) If the parties engaged in a ceremony or proceeding
under subsection (d), the date of the ceremony or proceeding,
provided the affidavits, forms, and data are recorded in the
office of the judge of probate within 30 days of the date of
the ceremony.
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the ceremony.
(d) A civil and independent or religious ceremony of
marriage, celebration of marriage, solemnization of marriage,
or any other officiation, or administration of the vows of
marriage may be conducted or engaged in by the parties by an
officiant or other presiding person to be selected by the
persons entering into the marriage. The state shall have no
requirement for any ceremony or proceeding and whether or not
a ceremony or proceeding is performed or not performed shall
have no legal effect on the validity of the marriage.
(e) The affidavits, forms, and data shall be filed in
the office of the judge of probate and shall constitute a
legal record of the marriage of the parties. A copy of the
form provided by the Office of Vital Statistics shall be
transmitted by the office of the judge of probate to the
Office of Vital Statistics and made a part of its record.
(f) This section shall not affect any other legal
aspects of marriage in this state, including, but not limited
to, divorce, spousal support, child custody, or child support.
(g) All requirements to obtain a marriage license by
the State of Alabama are abolished and repealed. The
requirement of a ceremony of marriage to solemnize the
marriage is abolished.
(h) The Alabama Law Institute, a division of the
Legislative Services Agency, in collaboration with the
Department of Public Health, shall prepare a form to meet the
minimum requirements of Act 2019-340."
Section 2. Section 30-1-9.2 is added to the Code of
Alabama 1975, to read as follows:
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Alabama 1975, to read as follows:
§30-1-9.2
(a) Notwithstanding any other law to the contrary,
religious societies referenced in Section 30-1-7(c) may
continue their traditional marriage solemnization practices,
provided both parties entering into the marriage are otherwise
legally authorized to be married pursuant to Section 30-1-9.1.
A marriage under this section shall be legally valid.
(b) Copies of the respective religious forms
documenting the marriage shall constitute a legal record of
the marriage of the parties. A marriage under this section
shall not be required to be recorded with the judge of
probate.
Section 3. This act shall become effective on October
1, 2025.
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