HLS 16RS-1327 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 968
BY REPRESENTATIVE HODGES
MARRIAGE/LICENSE: Provides relative to marriage licenses
1 AN ACT
2To amend and reenact R.S. 9:223(A), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A)
3 and (C)(2), and 228 and to repeal R.S. 9:223(B), relative to marriage licenses; to
4 provide relative to the form for a marriage license; to provide for the inclusion of
5 certain required information; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:223(A), 224(A)(6)(a) and (B)(1) and (3), 225(B)(1), 226(A) and
8(C)(2), and 228 are hereby amended and reenacted to read as follows:
9 §223. Form
10 A. An application for a marriage license shall be made on a form provided
11 by Subsection B of this Section the state registrar of vital records pursuant to his
12 authority as provided by R.S. 40:33(F).
13 * * *
14 §224. Application; information required
15 A. The application for a marriage license provided by R.S. 9:223, and
16 containing all of the following information, shall be sworn to and signed by both
17 parties before a notary public, deputy clerk, or deputy registrar:
18 * * *
19 (6) Each party's social security number, if both parties were born in any state
20 or territory of the United States or are naturalized citizens of the United States.
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HB NO. 968
1 (a) If a party does not have a social security number issued by the United
2 States Social Security Administration because the party is not a citizen or a lawful
3 permanent resident of the United States, the party shall present either any of the
4 following:
5 (i) A valid and unexpired passport from the country of his birth accompanied
6 by a Form I-94 issued by the United States.
7 (ii) An unexpired visa accompanied by a Form I-94 issued by the United
8 States.
9 (iii) A permanent residence card (Form I-551) issued by the United States.
10 (iv) A naturalization certificate issued by the United States.
11 (v) A valid and unexpired passport issued by the United States.
12 * * *
13 B.(1) Both applicants are not required to execute the application at the same
14 time, provided that each applicant executes the application before a notary public as
15 required by R.S. 9:224(A), and the required identification of the absent party is
16 produced.
17 * * *
18 (3) In the event of extenuating circumstances, and after a finding that the
19 parties have complied with all other requirements, for good cause shown, a judge of
20 the First or Second City Courts of the city of New Orleans, a family court judge, a
21 juvenile court judge, a district court judge, a parish judge, a city court judge, or a
22 justice of the peace may order an issuing official within the territorial jurisdiction of
23 his court parish where his court is situated to issue a marriage license with the
24 notarized signature of only one of the applicants. The written order shall be attached
25 to the marriage application.
26 * * *
27 §225. Documents required; attachments
28 * * *
29 B.(1) It shall be unlawful for any officer authorized to issue a marriage
30 license in this state to issue a license to any male or female unless both parties first
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HB NO. 968
1 present and file with the officer a certified copy of their original birth certificate or
2 a waiver of a birth certificate pursuant to R.S. 9:228.
3 * * *
4 §226. Certified copy of birth certificate; translation to English
5 A. A person born in Louisiana shall submit a certified copy of his birth
6 certificate. A short-form birth certification card shall be acceptable as a certified
7 copy of a birth certificate.
8 * * *
9 C. A person born outside of the United States or territory of the United States
10 shall submit a birth certificate under the seal of the United States or shall submit all
11 of the following:
12 * * *
13 (2) A valid and unexpired passport or an unexpired visa accompanied by a
14 Form I-94 issued by the United States, or a naturalization certificate verifying that
15 the applicant is lawfully in the United States.
16 * * *
17 §228. Same; court order waiving birth certificate
18 A. In the event of extenuating circumstances, for good cause shown, and
19 after a hearing, which may be held in camera, finding that the parties have complied
20 with all other requirements, including presentation of the letter required by R.S.
21 9:227 and other competent evidence of the applicants' birth facts, that the applicant
22 was born in any state or territory of the United States, a judge of the First or Second
23 City Courts of the city of New Orleans, a family court judge, a juvenile court judge,
24 or any district court judge of a parish may order an issuing official within the
25 territorial jurisdiction of his court to issue a marriage license without the applicant
26 submitting a birth certificate. The order need not state the reasons. The written
27 order shall be attached to the marriage application.
28 B. In the event of extenuating circumstances, and for good cause shown, and
29 after a hearing, which may be held in camera, finding that the parties have complied
30 with all other requirements, including presentation of the letter required by R.S.
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1 9:227 and other competent evidence of the applicants' birth facts, that the applicant
2 was born in any state or territory of the United States, a justice of the peace, parish
3 court judge, or city court judge may order an issuing official within the parish where
4 his court is situated to issue a marriage license without the applicant submitting a
5 birth certificate. The order need not state the reasons. The written order shall be
6 attached to the marriage application.
7 Section 2. R.S. 9:223(B) is hereby repealed in its entirety.
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.
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HB NO. 968
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.
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