HLS 15RS-1153 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 716
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MARRIAGE/LICENSE: Requires verification of certain information submitted by
applicants for marriage licenses
1 AN ACT
2To amend and reenact R.S. 9:223, 224(A)(introductory paragraph), (4), and (6) and (B), and
3 225(A)(1) and (B) and Subpart B of Part III of Chapter 1 of Code Title IV of Code
4 Book I of Title 9 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
5 9:226 through 228, and to enact R.S. 9:224(A)(7) and 225(A)(4), relative to a
6 marriage license; to provided for the application for a marriage license; to provide
7 for the application form; to provide for required information; to provide for required
8 documentation; to provide with respect to the use of birth certificates in the process
9 of applying for a marriage license; to provide for documentation in lieu of a birth
10 certificate; to provide for court orders; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 9:223, 224(A)(introductory paragraph), (4), and (6) and (B), and
13225(A)(1) and (B) and Subpart B of Part III of Chapter 1 of Code Title IV of Code Book I
14of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:226 through 228,
15are hereby amended and reenacted and R.S. 9:224(A)(7) and 225(A)(4) are hereby enacted
16read as follows:
17 §223. Form
18 A. An application for a marriage license must be made on the form provided
19 by the state registrar of vital records in Subsection B of this Section.
20 B. The application form shall be as follows:
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HB NO. 716
1 Application for Marriage
2 __________________(Parish), State of Louisiana
3 Date of Application:
4 Hour of Application:
5 License No. State File No. _____________
6 GROOM Last Name of
Groom
First Name of Groom Middle/Second Name of
Groom
Address Is residence inside city limits?
9 Yes 9 No
Parish/County State
Race Date of Birth (month-day-year)State of Birth
Father's Name State of Birth Mother's Maiden NameState of Birth
7 BRIDE Last Name of
Bride
First Name of Bride Middle/Second Name of
Bride
Maiden Name of
Bride
Address Is residence inside city limits?
9 Yes9 No
Parish/County State
Race Date of Birth (month-day-year)State of Birth
Father's Name State of Birth Mother's Maiden NameState of Birth
8 Covenant
9 Marriage
Covenant Marriage9 Yes9 No If yes, complete the following:
We, ___________________________ and _____________________________
do hereby declare our intent to contract a Covenant Marriage and, accordingly, have executed a
declaration of intent attached hereto.
10 Groom Has the groom been formerly married?_________
How many times?________
List All Previous Marriages and where the
marriage license was issued:
1._______________________________________
2._______________________________________
3_______________________________________
List how marriage(s) ended? (specify by Death,
Divorce, Annulment) and list the state, territory,
country, province, or locale where the death,
divorce or annulment took place.
1._______________________________________
2._______________________________________
3._______________________________________
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HB NO. 716
1 Bride Has the bride been formerly married?_________
How many times?________
List All Previous Marriages and where the
marriage license was issued:
1._______________________________________
2._______________________________________
3_______________________________________
List how marriage(s) ended? (specify by Death,
Divorce, Annulment) and list the state, territory,
country, province, or locale where the death,
divorce or annulment took place.
1._______________________________________
2._______________________________________
3._______________________________________
2 SSN Grooms's Social Security Number (if groom does
not have a valid social security number, please see
deputy clerk for further instructions)
Bride's Social Security Number (if bride does not
have a valid social security number, please see
deputy clerk for further instructions)
3 Address where you wish to have your certified copy mailed:
4 Daytime phone number where you may be reached:
5 Groom:______________ Bride: _________________
6 I ___________________________ (print name of groom) do swear or affirm that the information contained in this
7 application for marriage is true and correct. I further swear or affirm that this is my ______ (1
st
, 2
nd
, etc. number) marriage
8 but that I am not currently married to anyone else and that I am free to marry under the laws of the state of Louisiana. I
9 further understand and acknowledge that giving any false information or false statement in this application of marriage shall
10 constitute the crime of filing a false public record in violation of the Louisiana Criminal Code (R.S. 14:133).
11 _________________________________________
12 Signature of Groom
13 I ___________________________ (print name of bride) do swear or affirm that the information contained in this
14 application for marriage is true and correct. I further swear or affirm that this is my ______ (1
st
, 2
nd
, etc. number) marriage
15 but that I am not currently married to anyone else and that I am free to marry under the laws of the state of Louisiana. I
16 further understand and acknowledge that giving any false information or false statement in this application of marriage shall
17 constitute the crime of filing a false public record in violation of the Louisiana Criminal Code (R.S. 14:133).
18 _________________________________________
19 Signature of Bride
20 Sworn to and subscribed before me this ________ day of __________________, 20___.
21 ___________________ Notary Public/Deputy Clerk
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HB NO. 716
1 §224. SameApplication; information required
2 A. An A sworn, written application for a marriage license must be signed by
3 both parties and include all of the following information:
4 * * *
5 (4) The Whether either or both of the parties have been previously married
6 and the number of former marriages of each party, and whether divorced or not.
7 * * *
8 (6)(a) Each party's social security number, if both parties were born in the
9 state of Louisiana or another state or territory of the United States or a statement by
10 the applicable party that no social security number has been issued to him are
11 naturalized citizens of the United States.
12 (b) If a party does not have a social security number issued by the United
13 States Social Security Administration because the party is not a citizen or a lawful
14 permanent resident of the United States, the said party shall present a passport from
15 the country of his birth and a visa issued by the United States, both of which are
16 valid a the time of the marriage application, the party may substitute a valid,
17 unexpired passport number issued from the United States Citizenship and
18 Immigration Service verifying the country of origin.
19 (c) If either party does not have a social security number or a valid,
20 unexpired passport as required in this Paragraph, the name of the judge and court
21 granting the order waiving the requirement pursuant to R.S. 9:228(A) or (B).
22 (d) The state registrar of vital records and the officiant shall maintain
23 confidentiality of social security numbers. Notwithstanding the provisions of R.S.
24 44:1 et seq. the clerk of court shall maintain the confidentiality of a party's social
25 security number in an application for a marriage license provided a request is made
26 to the clerk in writing by the party at the time of application.
27 (7) If either or both of the parties were previously married, all of the
28 following must be listed for each previous marriage:
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HB NO. 716
1 (a) The parish where the marriage license was issued if the party was
2 previously married in the state of Louisiana.
3 (b) The parish where the judgment of divorce was granted if the party was
4 previously divorced in the state of Louisiana.
5 (c) The state, territory, country, province or locale where the marriage
6 license was issued if the marriage took place outside the state of Louisiana.
7 (d) The state, territory, country, province or locale where the judgment of
8 divorce was granted if the judgment of divorce was granted outside the state of
9 Louisiana.
10 (e) The parish, county, territory, country, province or locale where the death
11 certificate was issued if the former spouse is deceased.
12 B.(1) The applicant must verify the information to the issuing official by
13 sworn affidavit.
14 (2) The affidavit shall acknowledge that each party is free to marry pursuant
15 to Louisiana law.
16 (3) The affidavit shall require each party to verify under oath that the
17 information contained in the application is true and correct.
18 (4) The application shall include an acknowledgment that each party
19 understands that falsification of the application shall constitute the filing of false
20 public records pursuant to R.S. 14:133.
21 * * *
22 §225. Same Documents required; attachments
23 A. An application for a marriage license shall be accompanied by:
24 (1)(a) A certified copy of each party's birth certificate, so long as the birth
25 certificate is in English.
26 (b) If the birth certificate is in a language other than English, the birth
27 certificate shall be interpreted in writing in English pursuant to a court order as is
28 provided for in R.S. 9:228(C).
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HB NO. 716
1 (c) If the applicant does not have a birth certificate, the applicant must obtain
2 an order signed by a judge waiving the requirement pursuant to R.S. 9:228(A) or (B).
3 * * *
4 (4) A valid and unexpired driver's license, a government issued identification
5 card, or a passport.
6 B.(1) It shall be unlawful for any officer authorized to issue a marriage
7 license in this state to issue a license to any male or female unless both parties first
8 present and file with such officer a certified copy of their original birth certificate.
9 (2) A photostatic or photographic reproduction of the certified copy of the
10 birth certificate may shall be filed with the officer.
11 SUBPART B. BIRTH CERTIFICATE
12 §226. Certified copy of birth certificate
13 A. A person born in Louisiana may shall submit a certified copy of his birth
14 certificate. A short-form birth certification card or document shall be acceptable as
15 a certified copy of a birth certificate.
16 B. A person born outside in a state or territory of the United States other than
17 the state of Louisiana may shall submit a copy of his birth certificate under the raised
18 seal or stamp of the applicant's state vital statistics registration authority of his place
19 of birth.
20 C. A person born outside of the United States shall submit all of the
21 following:
22 (1)(a) A copy of the person's birth certificate under the raised seal or stamp
23 of the vital statistics registration authority of the person's place of birth.
24 (b) If the birth certificate is not printed in English, the party shall obtain an
25 order pursuant to R.S. 9:228(C), and submit a copy of the birth certificate translated
26 in English pursuant to R.S. 9:228.
27 (2) A certified copy of a passport issued by the United States Citizenship and
28 Immigration Service verifying that the individual is in the country lawfully.
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HB NO. 716
1 D. A certified copy of the birth certificate or letter order issued in lieu
2 thereof, pursuant to R.S. 9:228(C), shall be retained by the official recorder of the
3 marriage for a minimum period of sixty days.
4 §227. Certified copy unavailable; other proof
5 A.(1) If the applicant was born in the state of Louisiana and no birth
6 certificate is on file for an applicant, a letter signed by the proper registration
7 authority state registrar of vital records, under his raised seal or stamp, must be
8 submitted in lieu of a birth certificate. The letter must state that a thorough search
9 was made and that no birth record was located for the applicant.
10 (2) If the applicant was born in a state or territory of the United States other
11 than the state of Louisiana and no birth certificate is on file for the applicant in that
12 state, a letter signed by the proper registration authority for that state, under his
13 raised seal or stamp, must be submitted in lieu of a birth certificate. The letter must
14 state that a thorough search was made and that no birth record was located for the
15 applicant.
16 (3) If the applicant was born in a country other than the United States and no
17 birth certificate is on file for the applicant in that state, a letter signed by the proper
18 registration authority for that state, under his raised seal or stamp, must be submitted
19 in lieu of a birth certificate. The letter must state that a thorough search was made
20 and that no birth record was located for the applicant.
21 B. The letter issued by the state registrar of vital records or the issuing
22 authority in Subsection A of this Section shall be filed with the judge who conducts
23 the hearing pursuant to R.S. 9:228(A) or (B).
24 C. The officer judge issuing the order waiving the birth certificate in order
25 to obtain the marriage license may shall demand other proof of birth facts.
26 §228. Same; court order waiving birth certificate; translation to English
27 A. In the event of extenuating circumstances, for good cause shown, and
28 after finding that the parties have complied with all other requirements including the
29 letter required in R.S. 9:227(C), a judge of the Orleans Parish City Courts, a family
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HB NO. 716
1 court judge, a juvenile court judge, or any district court judge of a parish may order
2 an issuing official within the territorial jurisdiction of his court to issue a marriage
3 license without the applicant submitting a birth certificate, where the person has
4 offered competent evidence that the applicant was born in the state of Louisiana in
5 a state or territory of the United States other than the state of Louisiana. The order
6 shall state the reasons.
7 B. In the event of extenuating circumstances, for good cause shown, and
8 after finding that the parties have complied with all other requirements including the
9 letter required in R.S. 9:227(C), a justice of the peace or city court judge may order
10 an issuing official within the parish where his court is situated to issue a marriage
11 license without the applicant submitting a birth certificate, where the applicant has
12 offered competent evidence that the person was born in the state of Louisiana in a
13 state or territory of the United States other than the state of Louisiana. The order
14 need not shall state the reasons.
15 C. In the event of extenuating circumstances, and after finding that the
16 parties have complied with all other requirements, a retired justice of the peace
17 authorized to perform marriage ceremonies under R.S. 9:203(C) may order an
18 issuing official within the territorial limits provided by R.S. 9:203(A) to issue a
19 marriage license without the applicant submitting a birth certificate. The order need
20 not state the reasons In the event that the birth certificate is not printed in English,
21 a judge of the Orleans Parish City Court, a family court judge, a juvenile court judge,
22 or any district court judge of a parish may order that the birth certificate be translated
23 in English pursuant to Code of Civil Procedure Article 192.2.
24 Section 2. The legislature finds all of the following:
25 (1) The reliability and accuracy of marriage records is a fundamental concern to the
26people of Louisiana.
27 (2) The state has a fundamental interest in preventing and deterring fraudulent
28marriages.
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HB NO. 716
1 (3) The most effective way to curb fraud in the area of marriage licenses is to require
2accurate and verifiable documents in order to obtain a marriage license and to require the
3parties to swear or affirm, under penalty of law, as to the accuracy of the information on the
4application for marriage.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 716 Original 2015 Regular Session Hodges
Abstract: Provides requirements for the issuance of a Louisiana marriage license for
residents of this state, other states of the United States, and for persons from foreign
countries.
Present law provides for requirements for the issuance of a Louisiana marriage license.
Present law provides that an application for a marriage license must be made on a form
provided by the state registrar of vital records.
Proposed law retains present law but provides that the form that is used is provided for in
proposed law.
Present law provides, in order to obtain a marriage license, the application must contain the
certain information.
Proposed law retains present law but provides that the application must be in writing and
must be sworn to and signed by the parties.
Present law provides that the application must contain that date and hour of the application,
the full name, residence, race, and age of each party, the names of the parents of each party,
the number of former marriages of each party, and whether divorced or not as well as each
party's social security number. Present law further provides that the state registrar of vital
records shall maintain confidentiality of social security numbers.
Proposed law retains present law but clarifies that each party's social security number is to
be provided on the application if both parties were born in the state of Louisiana or another
state or territory of the United States or are naturalized citizens of the United States.
Proposed law provides that if a party does not have a social security number issued by the
U.S. Social Security Administration because the party is not a citizen, a valid, unexpired
passport number issued from the United States Citizenship and Immigration Service must
be included on the application verifying the country of origin.
Proposed law provides that if either party does not have a social security number or a valid,
unexpired passport, the name of the judge and court granting the order waiving the
requirement must be listed on the application.
Present law provides that the application must list the number of former marriages and
whether divorced or not.
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Proposed law retains present law if either or both of the parties were previously married, all
of the following must be listed for each previous marriage:
(1)The parish where the marriage license was issued if the party was previously married
in Louisiana.
(2)The parish where the judgment of divorce was granted if the party was previously
divorced in Louisiana.
(3)The state, territory, country, province or locale where the marriage license was
issued if the marriage took place outside the state of Louisiana.
(4)The state, territory, country, province or locale where the judgment of divorce was
granted if the judgment of divorce was granted outside the state of Louisiana.
(5)The parish, county, territory, country, province or locale where the death certificate
was issued if the former spouse is deceased.
Present law provides that applicant must verify the application by affidavit.
Proposed law retains present law but provides that the affidavit shall acknowledge that each
party is free to marry pursuant to Louisiana law. Proposed law retains present law but further
provides that the affidavit shall require each party to verify under oath that the information
contained in the application is true and correct.
Present law provides that the filing false public records is the filing or depositing for record
in any public office or with any public official, or the maintaining as required by law,
regulation, or rule, with knowledge of its falsity, in any document containing a false
statement or false representation of a material fact. Present law provides that whoever
commits the crime of filing false public records shall be imprisoned for not more than five
years with or without hard labor or shall be fined not more than $5,000, or both.
Proposed law retains present law but provides that the application of marriage shall include
an acknowledgment that each party understands that falsification of the application shall
constitute the crime of filing false public records.
Present law provides that an application for a marriage license shall be accompanied by a
certified copy of each party's birth certificate.
Proposed law retains present law but provides that if the birth certificate is in a language
other than English, the birth certificate shall be interpreted in writing in English.
Proposed law provides that a valid and unexpired driver's license, government issued
identification card, or a passport must be produced in order to obtain a marriage license.
Present law provides that it shall be unlawful for any officer authorized to issue a marriage
license in this state to issue a license to any male or female unless both parties first present
and file with such officer a certified copy of their original birth certificate. Present law
further provides that a photostatic or photographic reproduction of the certified copy of the
birth certificate may be filed with the officer.
Proposed law retains present law but requires that a photostatic or photographic reproduction
of the certified copy of the birth certificate shall be filed with the officer.
Present law provides that a person born in Louisiana may submit a certified copy of his birth
certificate with the marriage application. Present law further provides that a short-form birth
certification card shall be acceptable as a certified copy of a birth certificate.
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HB NO. 716
Proposed law retains present law but requires a person born in Louisiana to submit a
certified copy of his birth certificate with the application.
Present law provides that a person born outside Louisiana may submit a copy of his birth
certificate under the raised seal or stamp of the vital statistics registration authority of his
place of birth.
Proposed law retains present law but requires that if the applicant's birth was outside
Louisiana but in another state of the U.S., the applicant shall submit a copy of his birth
certificate under the raised seal or stamp of the state's vital statistics registration authority
of his place of birth.
Proposed law retains present law but requires if the applicant is born outside of the United
States, the applicant shall submit all of the following:
(1)A copy of the person's birth certificate under the raised seal or stamp of the vital
statistics registration authority of the person's place of birth.
(2)If the birth certificate is not printed in English, the party shall obtain a copy
translated in English.
(3)A certified copy of a passport issued by the U.S.C.I.S. verifying that the individual
is in the country lawfully.
Present law provides that certified copy of the birth certificate or letter issued in lieu thereof
shall be retained by the official recorder of the marriage for a minimum period of 60 days.
Proposed law retains present law but requires that the order which provides that the non-
English birth certificate be translated into English be also held for 60 days.
Present law provides that if there is no birth certificate on file for the applicant, a letter
signed by the proper registration authority, under his raised seal or stamp, must be submitted
in lieu of a birth certificate. Present law provides that the letter must state that a thorough
search was made and that no birth record was located for the applicant.
Proposed law retains present law but further provides the following:
(1)If the applicant was born in the state of Louisiana and no birth certificate is on file
for an applicant, a letter signed by the proper registration authority which is the state
registrar of vital records, under his raised seal or stamp, must be submitted in lieu of
a birth certificate.
(2)If the applicant was born in a state or territory of the U.S. other than the state of
Louisiana and no birth certificate is on file for the applicant in that state, a letter
signed by the proper registration authority for that state, under his raised seal or
stamp, must be submitted in lieu of a birth certificate. The letter must state that a
thorough search was made and that no birth record was located for the applicant.
(3)If the applicant was born in a country other than the U.S. and no birth certificate is
on file for the applicant in that state, a letter signed by the proper registration
authority for that state, under his raised seal or stamp, must be submitted in lieu of
a birth certificate. The letter must state that a thorough search was made and that no
birth record was located for the applicant.
Proposed law provides that the letter issued by the state registrar of vital records or the
issuing authority in another state or country shall be filed with the judge who conducts the
hearing, if the requirement of the birth certificate is to be waived.
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Present law provides that the officer issuing the marriage license may demand other proof
of birth facts.
Proposed law provides that the judge issuing the order waiving the birth certificate in order
to obtain the marriage license shall demand other proof of birth facts.
Present law provides that in the event of extenuating circumstances, and after finding that
the parties have complied with all other requirements, a judge of the Orleans Parish City
Court, a family court judge, a juvenile court judge, or any district court judge of a parish may
order an issuing official within the territorial jurisdiction of his court to issue a marriage
license without the applicant submitting a birth certificate. Present law provides that in the
event of extenuating circumstances, and after finding that the parties have complied with all
other requirements, a justice of the peace or city court judge may order an issuing official
within the parish where his court is situated to issue a marriage license without the applicant
submitting a birth certificate. The order need not state the reasons.
Proposed law retains present law but provides that the order waiving the requirement that
a birth certificate be necessary to obtain a license for marriage be for good cause shown.
Proposed law further provides that a letter obtained from the Louisiana state registrar of vital
records or the proper registration authority stating that the birth certificate could not be
found. Proposed law provides that the applicant must offer competent evidence that the
person was born in the state of Louisiana in a state or territory of the United States other than
the state of Louisiana. Proposed law provides that the order shall state the reasons for
waiving the requirement that a birth certificate be provided.
Present law provides that in the event of extenuating circumstances, and after finding that
the parties have complied with all other requirements, a retired justice of the peace
authorized to perform marriage ceremonies may order an issuing official within the
territorial limits provided by to issue a marriage license without the applicant submitting a
birth certificate. Present law further provides the order need not state the reasons for
waiving the requirement for the birth certificate.
Proposed law provides that in the event that the birth certificate is not printed in English, a
judge of the Orleans Parish City Court, a family court judge, a juvenile court judge, or any
district court judge of a parish may order that the birth certificate be translated in English
pursuant to present law.
Proposed law provides that the legislature finds all of the following:
(1)The reliability and accuracy of marriage records is a fundamental concern to the
people of Louisiana.
(2)The state has a fundamental interest in preventing and deterring fraudulent
marriages.
(3)The most effective way to curb fraud in the area of marriage licenses is to require
accurate and verifiable documents in order to obtain a marriage license and to require
the parties to swear or affirm, under penalty of law, as to the accuracy of the
information on the application for marriage.
Effective August 1, 2015.
(Amends R.S. 9:223, 224(A)(intro. para.), (4), and (6) and (B), and 225(A)(1) and (B) and
226-228; Adds R.S. 9:224(A)(7) and 225(A)(4))
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