EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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SENATE BILL 286
N2, D4 5lr1748
CF HB 323
By: Senator West
Introduced and read first time: January 10, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 2, 2025
CHAPTER ______
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 SENATE BILL 286
2–214. 1
(a) (1) Subject to the requirements of paragraph (2) of this subsection, two 2
individuals may register a domestic partnership by filing a declaration of domestic 3
partnership with the register of wills in the county in which the domestic partners are 4
domiciled. 5
(2) A declaration of domestic partnership filed with the register of wills 6
shall: 7
(i) Include: 8
1. The full LEGAL name of each domestic partner; 9
2. The home address of each domestic partner; [and] 10
3. The [age] DATE OF BIRTH of each domestic partner; AND 11
4. THE SOCIAL SECURITY NUMBER OF EA CH PARTY WHO 12
HAS A SOCIAL SECURITY NUMBER ; 13
(ii) Be signed directly by each party, or by another individual, at the 14
express direction of the party and in the party’s presence; 15
(iii) Be signed in the physical presence of a notary public or before a 16
notary public through communication technology in accordance with Title 18, Subtitle 2 of 17
the State Government Article; and 18
(iv) Affirm under penalty of perjury that each domestic partner is: 19
1. At least 18 years old; 20
2. The sole domestic partner of the other; 21
3. Not married; and 22
4. In a committed relationship with the other individual. 23
(d) (1) The register shall maintain adequate records of declarations of 24
domestic partnership, amendments to declarations of domestic partnership, and 25
termination statements. 26
(2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of 27
this subsection, a declaration of domestic partnership filed with a register of wills is a public 28
record. 29
SENATE BILL 286 3
(3) The register shall deny inspection of the part of a declaration of 1
domestic partnership that contains the home address of either domestic partner. 2
(4) EXCEPT AS PROVIDED IN § 4–334 OF THE GENERAL PROVISIONS 3
ARTICLE, THE SOCIAL SECURITY NUMBER OF A PARTY MAY NOT BE DIS CLOSED AS 4
PART OF THE PUBLIC R ECORD OF THE DECLARA TION OF DOMESTIC PAR TNERSHIP. 5
Article – Family Law 6
2–402. 7
(a) An applicant for a license may apply to the clerk only at the office of the clerk 8
during regular office hours. 9
(b) Except as provided in subsection (d) of this section, to apply for a license, [1] 10
ONE of the parties to be married shall: 11
(1) appear before the clerk and give, under oath, the following information, 12
which shall be placed on an application form by the clerk: 13
(i) the full LEGAL name of each party; 14
(ii) the place of residence of each party; 15
(iii) the [age] DATE OF BIRTH of each party; 16
(iv) whether the parties are related by blood or marriage and, if so, 17
in which degree of relationship; 18
(v) the marital status of each party; and 19
(vi) whether either party was married previously, and the date and 20
place of each death or judicial determination that ended any former marriage; 21
(2) sign the application form; and 22
(3) provide the clerk with: 23
(i) the Social Security number of each party who has a Social 24
Security number; and 25
(ii) a copy of an official government–issued birth certificate or other 26
official government–issued document or record demonstrating the age of each party. 27
(c) The Social Security numbers of the parties: 28
4 SENATE BILL 286
(1) shall be included in the electronic file for the marriage license 1
application; and 2
(2) except as provided in § 4–334 of the General Provisions Article, may not 3
be disclosed as part of the public record of the marriage license application. 4
(d) (1) If the parties to be married are not residents of the county where the 5
marriage ceremony is to be performed, the clerk shall accept, instead of the application 6
specified in subsection (b) of this section, an affidavit from [1] ONE of the parties to be 7
married. 8
(2) The affidavit REQUIRED UNDER PARAG RAPH (1) OF THIS 9
SUBSECTION shall: 10
[(1)] (I) contain the information required by subsection (b) of this section; 11
and 12
[(2)] (II) be sworn to under oath before a clerk or other comparable official 13
in the county, state, province, or country where the party resides. 14
(e) Until a license becomes effective, a clerk may not disclose the fact that an 15
application for a license has been made except to the parent or guardian of a party to be 16
married. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2025. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.