MD
Maryland Senate Bill SB286

Maryland 2025 Regular Session

Maryland Senate Bill SB286 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0286*
96
107 SENATE BILL 286
118 N2, D4 5lr1748
129 CF HB 323
1310 By: Senator West
1411 Introduced and read first time: January 10, 2025
1512 Assigned to: Judicial Proceedings
16-Committee Report: Favorable
17-Senate action: Adopted
18-Read second time: February 2, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Domestic Partnership and Marriage – Required Information 2
2519
2620 FOR the purpose of clarifying certain requirements for registering a domestic partnership 3
2721 or obtaining a marriage license; requiring a declaration of domestic partnership filed 4
2822 with a register of wills to include the Social Security number of each domestic 5
2923 partner who has a Social Security number; and generally relating to domestic 6
3024 partnership and marriage. 7
3125
3226 BY repealing and reenacting, with amendments, 8
3327 Article – Estates and Trusts 9
3428 Section 2–214(a) and (d) 10
3529 Annotated Code of Maryland 11
3630 (2022 Replacement Volume and 2024 Supplement) 12
3731
3832 BY repealing and reenacting, with amendments, 13
3933 Article – Family Law 14
4034 Section 2–402 15
4135 Annotated Code of Maryland 16
4236 (2019 Replacement Volume and 2024 Supplement) 17
4337
4438 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
4539 That the Laws of Maryland read as follows: 19
4640
4741 Article – Estates and Trusts 20
48- 2 SENATE BILL 286
42+
43+2–214. 21
44+
45+ (a) (1) Subject to the requirements of paragraph (2) of this subsection, two 22
46+individuals may register a domestic partnership by filing a declaration of domestic 23
47+partnership with the register of wills in the county in which the domestic partners are 24
48+domiciled. 25 2 SENATE BILL 286
4949
5050
51-2–214. 1
5251
53- (a) (1) Subject to the requirements of paragraph (2) of this subsection, two 2
54-individuals may register a domestic partnership by filing a declaration of domestic 3
55-partnership with the register of wills in the county in which the domestic partners are 4
56-domiciled. 5
52+ (2) A declaration of domestic partnership filed with the register of wills 1
53+shall: 2
5754
58- (2) A declaration of domestic partnership filed with the register of wills 6
59-shall: 7
55+ (i) Include: 3
6056
61- (i) Include: 8
57+ 1. The full LEGAL name of each domestic partner; 4
6258
63- 1. The full LEGAL name of each domestic partner; 9
59+ 2. The home address of each domestic partner; [and] 5
6460
65- 2. The home address of each domestic partner; [and] 10
61+ 3. The [age] DATE OF BIRTH of each domestic partner; AND 6
6662
67- 3. The [age] DATE OF BIRTH of each domestic partner; AND 11
63+ 4. THE SOCIAL SECURITY NUMBER OF EA CH PARTY WHO 7
64+HAS A SOCIAL SECURITY NUMBER ; 8
6865
69- 4. THE SOCIAL SECURITY NUMBER OF EA CH PARTY WHO 12
70-HAS A SOCIAL SECURITY NUMBER ; 13
66+ (ii) Be signed directly by each party, or by another individual, at the 9
67+express direction of the party and in the party’s presence; 10
7168
72- (ii) Be signed directly by each party, or by another individual, at the 14
73-express direction of the party and in the party’s presence; 15
69+ (iii) Be signed in the physical presence of a notary public or before a 11
70+notary public through communication technology in accordance with Title 18, Subtitle 2 of 12
71+the State Government Article; and 13
7472
75- (iii) Be signed in the physical presence of a notary public or before a 16
76-notary public through communication technology in accordance with Title 18, Subtitle 2 of 17
77-the State Government Article; and 18
73+ (iv) Affirm under penalty of perjury that each domestic partner is: 14
7874
79- (iv) Affirm under penalty of perjury that each domestic partner is: 19
75+ 1. At least 18 years old; 15
8076
81- 1. At least 18 years old; 20
77+ 2. The sole domestic partner of the other; 16
8278
83- 2. The sole domestic partner of the other; 21
79+ 3. Not married; and 17
8480
85- 3. Not married; and 22
81+ 4. In a committed relationship with the other individual. 18
8682
87- 4. In a committed relationship with the other individual. 23
83+ (d) (1) The register shall maintain adequate records of declarations of 19
84+domestic partnership, amendments to declarations of domestic partnership, and 20
85+termination statements. 21
8886
89- (d) (1) The register shall maintain adequate records of declarations of 24
90-domestic partnership, amendments to declarations of domestic partnership, and 25
91-termination statements. 26
87+ (2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of 22
88+this subsection, a declaration of domestic partnership filed with a register of wills is a public 23
89+record. 24
9290
93- (2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of 27
94-this subsection, a declaration of domestic partnership filed with a register of wills is a public 28
95-record. 29
96- SENATE BILL 286 3
91+ (3) The register shall deny inspection of the part of a declaration of 25
92+domestic partnership that contains the home address of either domestic partner. 26
93+
94+ (4) EXCEPT AS PROVIDED IN § 4–334 OF THE GENERAL PROVISIONS 27
95+ARTICLE, THE SOCIAL SECURITY NUMBER OF A PARTY MAY NOT BE DIS CLOSED AS 28
96+PART OF THE PUBLIC R ECORD OF THE DECLARA TION OF DOMESTIC PARTNERS HIP. 29 SENATE BILL 286 3
9797
9898
99- (3) The register shall deny inspection of the part of a declaration of 1
100-domestic partnership that contains the home address of either domestic partner. 2
10199
102- (4) EXCEPT AS PROVIDED IN § 4–334 OF THE GENERAL PROVISIONS 3
103-ARTICLE, THE SOCIAL SECURITY NUMBER OF A PARTY MAY NOT BE DIS CLOSED AS 4
104-PART OF THE PUBLIC R ECORD OF THE DECLARA TION OF DOMESTIC PAR TNERSHIP. 5
100+Article – Family Law 1
105101
106-Article – Family Law 6
102+2–402. 2
107103
108-2–402. 7
104+ (a) An applicant for a license may apply to the clerk only at the office of the clerk 3
105+during regular office hours. 4
109106
110- (a) An applicant for a license may apply to the clerk only at the office of the clerk 8
111-during regular office hours. 9
107+ (b) Except as provided in subsection (d) of this section, to apply for a license, [1] 5
108+ONE of the parties to be married shall: 6
112109
113- (b) Except as provided in subsection (d) of this section, to apply for a license, [1] 10
114-ONE of the parties to be married shall: 11
110+ (1) appear before the clerk and give, under oath, the following information, 7
111+which shall be placed on an application form by the clerk: 8
115112
116- (1) appear before the clerk and give, under oath, the following information, 12
117-which shall be placed on an application form by the clerk: 13
113+ (i) the full LEGAL name of each party; 9
118114
119- (i) the full LEGAL name of each party; 14
115+ (ii) the place of residence of each party; 10
120116
121- (ii) the place of residence of each party; 15
117+ (iii) the [age] DATE OF BIRTH of each party; 11
122118
123- (iii) the [age] DATE OF BIRTH of each party; 16
119+ (iv) whether the parties are related by blood or marriage and, if so, 12
120+in which degree of relationship; 13
124121
125- (iv) whether the parties are related by blood or marriage and, if so, 17
126-in which degree of relationship; 18
122+ (v) the marital status of each party; and 14
127123
128- (v) the marital status of each party; and 19
124+ (vi) whether either party was married previously, and the date and 15
125+place of each death or judicial determination that ended any former marriage; 16
129126
130- (vi) whether either party was married previously, and the date and 20
131-place of each death or judicial determination that ended any former marriage; 21
127+ (2) sign the application form; and 17
132128
133- (2) sign the application form; and 22
129+ (3) provide the clerk with: 18
134130
135- (3) provide the clerk with: 23
131+ (i) the Social Security number of each party who has a Social 19
132+Security number; and 20
136133
137- (i) the Social Security number of each party who has a Social 24
138-Security number; and 25
134+ (ii) a copy of an official government–issued birth certificate or other 21
135+official government–issued document or record demonstrating the age of each party. 22
139136
140- (ii) a copy of an official government–issued birth certificate or other 26
141-official government–issued document or record demonstrating the age of each party. 27
137+ (c) The Social Security numbers of the parties: 23
142138
143- (c) The Social Security numbers of the parties: 28
139+ (1) shall be included in the electronic file for the marriage license 24
140+application; and 25
141+
142+ (2) except as provided in § 4–334 of the General Provisions Article, may not 26
143+be disclosed as part of the public record of the marriage license application. 27
144144 4 SENATE BILL 286
145145
146146
147- (1) shall be included in the electronic file for the marriage license 1
148-application; and 2
147+ (d) (1) If the parties to be married are not residents of the county where the 1
148+marriage ceremony is to be performed, the clerk shall accept, instead of the application 2
149+specified in subsection (b) of this section, an affidavit from [1] ONE of the parties to be 3
150+married. 4
149151
150- (2) except as provided in § 4–334 of the General Provisions Article, may not 3
151-be disclosed as part of the public record of the marriage license application. 4
152+ (2) The affidavit REQUIRED UNDER PARAGRAPH (1) OF THIS 5
153+SUBSECTION shall: 6
152154
153- (d) (1) If the parties to be married are not residents of the county where the 5
154-marriage ceremony is to be performed, the clerk shall accept, instead of the application 6
155-specified in subsection (b) of this section, an affidavit from [1] ONE of the parties to be 7
156-married. 8
155+ [(1)] (I) contain the information required by subsection (b) of this section; 7
156+and 8
157157
158- (2) The affidavit REQUIRED UNDER PARAG RAPH (1) OF THIS 9
159-SUBSECTION shall: 10
158+ [(2)] (II) be sworn to under oath before a clerk or other comparable official 9
159+in the county, state, province, or country where the party resides. 10
160160
161- [(1)] (I) contain the information required by subsection (b) of this section; 11
162-and 12
161+ (e) Until a license becomes effective, a clerk may not disclose the fact that an 11
162+application for a license has been made except to the parent or guardian of a party to be 12
163+married. 13
163164
164- [(2)] (II) be sworn to under oath before a clerk or other comparable official 13
165-in the county, state, province, or country where the party resides. 14
165+ SECTION 2. AND BE IT FURTHER ENACTED, That t his Act shall take effect 14
166+October 1, 2025. 15
166167
167- (e) Until a license becomes effective, a clerk may not disclose the fact that an 15
168-application for a license has been made except to the parent or guardian of a party to be 16
169-married. 17
170-
171- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
172-October 1, 2025. 19
173-
174-
175-
176-
177-Approved:
178-________________________________________________________________________________
179- Governor.
180-________________________________________________________________________________
181- President of the Senate.
182-________________________________________________________________________________
183- Speaker of the House of Delegates.