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 968 Engrossed 2016 Regular Session Hodges
Abstract: Repeals the statutory form for marriage licenses and provides for the required
information for the issuance of a marriage license.
Present law provides a required standard form for marriage licences.
Proposed law repeals the statutory form for marriage licenses but retains the requirements as to the
information which is included in the form which shall be made on a form provided by the state
registrar of vital records.
Present 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 or a lawful permanent resident of the U.S.,
the party shall present either a valid and unexpired passport from the country of his birth or an
unexpired visa accompanied by a Form I-94 issued by the U.S.
Proposed law retains present law and also requires that the valid and unexpired passport from the
country of his birth be accompanied by a Form I-94 issued by the U.S., and proposed law provides
other acceptable identification to be: (1) a permanent residence card (Form I-551) issued by the
U.S., (2) a naturalization certificate issued by the U.S., or (3) a valid and unexpired passport issued
by the U.S.
Proposed law specifies that if both parties do not execute the application at the same time, the
required identification of the absent party is still required to be produced.
Present law provides that in the event of extenuating circumstances, and after a finding that the
parties have complied with all other requirements, for good cause shown, a judge of the First or
Second City Courts of the city of New Orleans, a family court judge, a juvenile court judge, a district
court judge, a city court judge, or a justice of the peace may order an issuing official within the
territorial jurisdiction of his court to issue a marriage license with the notarized signature of only one
of the applicants.
Proposed law retains present law and provides that parish judges may order the issuance of the
marriage license, and extends the authority of the listed judges to act within the parish where his
court is situated instead of only within the territorial jurisdiction of his court.
Present law provides that it shall be unlawful for any officer authorized to issue a marriage license
in this state unless both parties file a certified copy of their original birth certificate. Proposed law retains present law and also authorizes the filing of a waiver of a birth certificate
pursuant to present law, but removes the authority to submit a short-form birth certificate.
Present law provides that a person born outside of the U.S. or territory of the U.S. shall submit a
birth certificate under the seal of the U.S. or shall submit, among other documentation, a valid and
unexpired passport or an unexpired visa accompanied by a Form I-94 issued by the U.S. verifying
that the applicant is lawfully in the U.S.
Proposed law authorizes the production of a naturalization certificate in lieu of a valid and unexpired
passport or an unexpired visa accompanied by a Form I-94.
Present law provides that a judge of the First or Second City Courts of the city of New Orleans, a
family court judge, a juvenile court judge, any district court judge of a parish, a justice of the peace,
or a city court judge may order an issuing official within the territorial jurisdiction of his court to
issue a marriage license without the applicant submitting a birth certificate in the event of
extenuating circumstances, for good cause shown, and after a hearing finding that the parties have
complied with all other requirements, including presentation of the letter signed by the proper
registration authority of the foreign state, territory, or country, and other competent evidence that
the applicant was born in any state or territory of the U.S.
Proposed law includes judges of parish courts with those who may order an issuing official within
the territorial jurisdiction of his court to issue a marriage license without the applicant submitting
a birth certificate in the event of extenuating circumstances.
Proposed law deletes the requirement that the applicant be born in any state or territory of the U.S.,
deletes the requirement of presentation of the letter signed by the proper registration authority of the
foreign state, territory, or country, and requires competent evidence of the applicants' birth facts.
(Amends R.S. 9:223(A), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A) and (C)(2), and 228;
Repeals R.S. 9:223(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Repeal the statutory form for the marriage license.
2. Delete provisions authorizing a retired justice of the peace to waive the requirement to
produce a birth certificate and order the issuing official to issue a marriage license.