EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0323*
HOUSE BILL 323
N2, D4 5lr1746
CF SB 286
By: Delegate Forbes
Introduced and read first time: January 10, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Domestic Partnership and Marriage – Required Information 2
FOR the purpose of clarifying certain requirements for registering a domestic partnership 3
or obtaining a marriage license; requiring a declaration of domestic partnership filed 4
with a register of wills to include the Social Security number of each domestic 5
partner who has a Social Security number; and generally relating to domestic 6
partnership and marriage. 7
BY repealing and reenacting, with amendments, 8
Article – Estates and Trusts 9
Section 2–214(a) and (d) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Family Law 14
Section 2–402 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Estates and Trusts 20
2–214. 21
(a) (1) Subject to the requirements of paragraph (2) of this subsection, two 22
individuals may register a domestic partnership by filing a declaration of domestic 23
partnership with the register of wills in the county in which the domestic partners are 24
domiciled. 25 2 HOUSE BILL 323
(2) A declaration of domestic partnership filed with the register of wills 1
shall: 2
(i) Include: 3
1. The full LEGAL name of each domestic partner; 4
2. The home address of each domestic partner; [and] 5
3. The [age] DATE OF BIRTH of each domestic partner; AND 6
4. THE SOCIAL SECURITY NUMBER OF EA CH PARTY WHO 7
HAS A SOCIAL SECURITY NUMBER ; 8
(ii) Be signed directly by each party, or by another individual, at the 9
express direction of the party and in the party’s presence; 10
(iii) Be signed in the physical presence of a notary public or before a 11
notary public through communication technology in accordance with Title 18, Subtitle 2 of 12
the State Government Article; and 13
(iv) Affirm under penalty of perjury that each domestic partner is: 14
1. At least 18 years old; 15
2. The sole domestic partner of the other; 16
3. Not married; and 17
4. In a committed relationship with the other individual. 18
(d) (1) The register shall maintain adequate records of declarations of 19
domestic partnership, amendments to declarations of domestic partnership, and 20
termination statements. 21
(2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of 22
this subsection, a declaration of domestic partnership filed with a register of wills is a public 23
record. 24
(3) The register shall deny inspection of the part of a declaration of 25
domestic partnership that contains the home address of either domestic partner. 26
(4) EXCEPT AS PROVIDED IN § 4–334 OF THE GENERAL PROVISIONS 27
ARTICLE, THE SOCIAL SECURITY NUMBER OF A PARTY MAY NOT BE D ISCLOSED AS 28
PART OF THE PUBLIC R ECORD OF THE DECLARA TION OF DOMESTIC PAR TNERSHIP. 29 HOUSE BILL 323 3
Article – Family Law 1
2–402. 2
(a) An applicant for a license may apply to the clerk only at the office of the clerk 3
during regular office hours. 4
(b) Except as provided in subsection (d) of this section, to apply for a license, [1] 5
ONE of the parties to be married shall: 6
(1) appear before the clerk and give, under oath, the following information, 7
which shall be placed on an application form by the clerk: 8
(i) the full LEGAL name of each party; 9
(ii) the place of residence of each party; 10
(iii) the [age] DATE OF BIRTH of each party; 11
(iv) whether the parties are related by blood or marriage and, if so, 12
in which degree of relationship; 13
(v) the marital status of each party; and 14
(vi) whether either party was married previously, and the date and 15
place of each death or judicial determination that ended any former marriage; 16
(2) sign the application form; and 17
(3) provide the clerk with: 18
(i) the Social Security number of each party who has a Social 19
Security number; and 20
(ii) a copy of an official government–issued birth certificate or other 21
official government–issued document or record demonstrating the age of each party. 22
(c) The Social Security numbers of the parties: 23
(1) shall be included in the electronic file for the marriage license 24
application; and 25
(2) except as provided in § 4–334 of the General Provisions Article, may not 26
be disclosed as part of the public record of the marriage license application. 27
4 HOUSE BILL 323
(d) (1) If the parties to be married are not residents of the county where the 1
marriage ceremony is to be performed, the clerk shall accept, instead of the application 2
specified in subsection (b) of this section, an affidavit from [1] ONE of the parties to be 3
married. 4
(2) The affidavit REQUIRED UNDER PARAG RAPH (1) OF THIS 5
SUBSECTION shall: 6
[(1)] (I) contain the information required by subsection (b) of this section; 7
and 8
[(2)] (II) be sworn to under oath before a clerk or other comparable official 9
in the county, state, province, or country where the party resides. 10
(e) Until a license becomes effective, a clerk may not disclose the fact that an 11
application for a license has been made except to the parent or guardian of a party to be 12
married. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15