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2020 Regular Session
SENATE BILL NO. 305
BY SENATOR PEACOCK
CLERKS OF COURT. Provides for documentation and verification of certain information
submitted by applicants for marriage licenses. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 9:223(A), 224(A), (B), (D), and (E), 225, 226(A) through (C),
3 and 228, and to repeal R.S. 9:223(B), 224(C), 226(D), and 227, relative to marriage
4 licenses; to provide for the application for a marriage license; to provide for the
5 application form; to provide for required information; to provide for required
6 documentation; to provide with respect to the use of birth certificates in the process
7 of applying for a marriage license; to provide for documentation in lieu of a birth
8 certificate; to provide for court orders; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 9:223(A), 224(A), (B), (D), and (E), 225, 226(A) through (C), and
11 228 are hereby amended and reenacted to read as follows:
12 §223. Form
13 A. An application for a marriage license shall be made on a form provided
14 by Subsection B of this Section the state registrar of vital records.
15 * * *
16 §224. Application; information required
17 A. The application for a marriage license provided by R.S. 9:223, and
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1 containing all of the following information, shall be sworn to and signed by both
2 parties applicants before a notary public, deputy clerk, or deputy registrar:
3 (1) The date and hour of the application.
4 (2) The full name, residence, race, and age of each party applicant.
5 (3) The names of the parents of each party applicant.
6 (4) The number of former marriages of each party applicant, and whether
7 divorced or not.
8 (5) The relationship of each party applicant to the other.
9 (6) Each party's applicant's social security number, if both parties were born
10 in any state or territory of the United States or are naturalized citizens of the United
11 States.
12 (a) If a party an applicant does not have a social security number issued by
13 the United States Social Security Administration because the party is not a citizen
14 or a lawful permanent resident of the United States, the party applicant shall present
15 a statement that no social security number has been issued to the applicant and
16 present either of the following:
17 (i) A valid and unexpired passport from the country of his birth.
18 (ii) An unexpired visa accompanied by a Form I-94 issued by the United
19 States.
20 (iii) A certificate of naturalization of the U.S. Citizenship and
21 Immigration Authority.
22 (b) 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 numbers in an application for a marriage license provided a request
26 is made to the clerk in writing by the party at the time of application.
27 (7) An acknowledgment that each party applicant is free to marry pursuant
28 to Louisiana law, that the information contained in the application is true and correct,
29 and that each party applicant understands that falsification of the application shall
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1 constitute the filing of false public records pursuant to R.S. 14:133.
2 B.(1) Both applicants are not required to execute the application at the same
3 time, provided that each applicant executes the application before a notary public as
4 required by R.S. 9:224(A).
5 (2) A member of the armed forces of the United States shall not be required
6 to sign the application required by Subsection A of this Section if the co-applicant
7 attaches a copy of the military identification card of the member. If both applicants
8 are members of the armed forces of the United States, only one applicant shall be
9 required to sign the application, but that applicant shall attach a copy of the military
10 identification card of the co-applicant not signing the application.
11 (3) In the event of extenuating circumstances, and after a finding that the
12 parties applicants have complied with all other requirements, for good cause shown,
13 a judge of the First or Second City Courts of the city of New Orleans, a family court
14 judge, a juvenile court judge, a district court judge, a city court judge, or a justice of
15 the peace may order an issuing official within the territorial jurisdiction of his court
16 to issue a marriage license with the notarized signature of only one of the applicants.
17 The written order shall be attached to the marriage application.
18 * * *
19 D.C. Upon request, the state registrar shall provide the information required
20 in this Section to the agency charged with implementing a program of family support
21 in accordance with R.S. 46:236.1.1 which shall maintain the confidentiality of the
22 information.
23 E.D.(1) In cases wherein the applicants intend to contract a covenant
24 marriage, the application for a marriage license must also include the following
25 statement completed by at least one of the two applicants:
26 "We, [name of intended applicants], do hereby declare our intent to
27 contract a Covenant Marriage and, accordingly, have executed a declaration of
28 intent attached hereto."
29 (2) The failure of the application to contain the signatures of both parties
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1 applicants shall not affect the validity of the covenant marriage if the declaration of
2 intent and accompanying affidavit have been signed by the parties applicants.
3 §225. Documents required; attachments
4 A. An application for a marriage license shall be accompanied by:
5 (1)(a) A certified copy of each party's applicant's birth certificate as
6 provided by R.S. 9:226.
7 (b) If the applicant does not have a birth certificate, the applicant shall obtain
8 an order signed by a judge waiving the requirement pursuant to R.S. 9:228.
9 (2) The written consent for a minor to marry, or the court's authorization for
10 the minor to marry, or both, as required by Chapter 6 of Title XV of the Children's
11 Code.*
12 (3) If applicable, the declaration of intent for a covenant marriage, as
13 provided in Part VII of this Chapter.
14 (4) A valid and unexpired driver's license, a government issued identification
15 card, or a valid and unexpired passport from the country of his birth or an unexpired
16 visa accompanied by Form I-94 as issued by the United States.
17 B.(1) It shall be unlawful for any officer authorized to issue a marriage
18 license in this state to issue a license to any male or female unless both parties
19 applicants first present and file with the officer a certified copy of their original
20 birth certificate or a court order issued pursuant to R.S. 9:228.
21 (2) A photostatic or photographic reproduction of the certified copy of the
22 birth certificate or a court order issued pursuant to R.S. 9:228 shall be filed with
23 the officer.
24 §226. Certified copy of birth certificate; translation to English
25 A. A person An applicant born in Louisiana shall submit a certified copy of
26 his birth certificate. A short-form birth certification card shall be acceptable as a
27 certified copy of a birth certificate.
28 B. A person An applicant born in a state or territory of the United States
29 other than Louisiana shall submit a copy of his birth certificate under the raised seal
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1 or stamp of the vital statistics registration authority of his place of birth.
2 C. A person An applicant born outside of the United States or territory of the
3 United States shall submit a birth certificate under the seal of the United States or
4 shall submit all of the following:
5 (1)(a) A copy of the person's applicant's birth certificate under the raised
6 seal or stamp of the vital statistics registration authority of the person's place of birth.
7 (b) If the birth certificate is not printed in English, the party applicant shall
8 submit a translated copy in addition to the copy required by Subparagraph (a) of this
9 Paragraph. The translation shall contain a sworn declaration of the translator that he
10 is fluent in the language of the original birth certificate and of the translation, and
11 that the translation is a true and accurate representation of the original.
12 (2) A valid and unexpired passport or an unexpired visa accompanied by a
13 Form I-94 issued by the United States, verifying that the applicant is lawfully in the
14 United States.
15 * * *
16 §228. Same; court order waiving birth certificate
17 A. In the event of extenuating circumstances, for good cause shown, and after
18 a hearing, which may be held in camera, finding that the parties applicants have
19 complied with all other requirements, including presentation of the letter required by
20 R.S. 9:227 and other competent evidence that the applicant was born in any state or
21 territory of the United States, a judge of the First or Second City Courts of the city
22 of New Orleans, a family court judge, a juvenile court judge, or any district court
23 judge of a parish may order an issuing official within the territorial jurisdiction of his
24 court to issue a marriage license without the applicant or applicants submitting a
25 birth certificate. The order need not state the reasons. The written order shall be
26 attached to the marriage application.
27 B. In the event of extenuating circumstances, and for good cause shown, and
28 after a hearing, which may be held in camera, finding that the parties applicants
29 have complied with all other requirements, including presentation of the letter
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1 required by R.S. 9:227 and other competent evidence that the applicant was born in
2 any state or territory of the United States, a justice of the peace or city court judge
3 may order an issuing official within the parish where his court is situated to issue a
4 marriage license without the applicant or applicants submitting a birth certificate.
5 The order need not state the reasons. The written order shall be attached to the
6 marriage application.
7 Section 2. R.S. 9:223(B), 224(C), 226(D), and 227 are hereby repealed in their
8 entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 305 Original 2020 Regular Session Peacock
Present law provides that an application for marriage be made on the form that is provided
for in present law.
Proposed law provides that an application for marriage be made on the form that is provided
for by the state registrar of vital records.
Proposed law generally changes the term "party" to "applicant" for purposes of marriage
licenses.
Present law provides that an application for marriage contain certain information.
Proposed law removes requirement that an unexpired visa be accompanied by a Form I-94
issued by the United States.
Present law provides that a court order may be issued to waive the requirement for a birth
certificate in the issuance of a marriage license.
Proposed law removes the requirement that an applicant provide evidence that the applicant
was born in any state or territory of the United States to receive the court order.
Effective August 1, 2020.
(Amends R.S. 9:223(A), 224(A), (B), (D), and (E), 225, 226(A)-(C), and 228; repeals R.S.
9:223(B), 224(C), 226(D), and 227)
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words in boldface type and underscored are additions.