Our complete list of the 46 Indiana Code relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Indiana related to the marriage license, who can officiate weddings, and officiant registration.
The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Indiana (where applicable).
(a) Marriages may be solemnized by any of the following: (1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi. (2) A judge. (3) A mayor, within the mayor's county. (4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located. (5) A clerk of the circuit court. (6) The governor. (7) The lieutenant governor. (8) A member of the general assembly. (9) The Friends Church, in accordance with the rules of the Friends Church. (10) The German Baptists, in accordance with the rules of their society. (11) The Bahai faith, in accordance with the rules of the Bahai faith. (12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints. (13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam. (b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.
As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1; P.L.93-2017, SEC.1.
Below you can read through our curated list of all Indiana laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
(a) Marriages may be solemnized by any of the following: (1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi. (2) A judge. (3) A mayor, within the mayor's county. (4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located. (5) A clerk of the circuit court. (6) The governor. (7) The lieutenant governor. (8) A member of the general assembly. (9) The Friends Church, in accordance with the rules of the Friends Church. (10) The German Baptists, in accordance with the rules of their society. (11) The Bahai faith, in accordance with the rules of the Bahai faith. (12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints. (13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam. (b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.
As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1; P.L.93-2017, SEC.1.
A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Level 6 felony.
As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.307.
Each marriage license must have two (2) certificates attached to the license. The Indiana department of health shall prescribe a uniform form for these certificates. One (1) certificate must be marked "Original" and one (1) certificate must be marked "Duplicate". Each certificate must contain the following: MARRIAGE CERTIFICATE I ________ (name) certify that on ______ (date) at ______ in _______ County, Indiana, _______ of ______ County, ______ (state) and _______ of ______ County, _____ (state) were married by me as authorized under a marriage license that was issued by the Clerk of the Circuit Court of _______ County, Indiana, dated _______. Signed (OFFICIAL DESIGNATION)
As added by P.L.1-1997, SEC.3. ; Amended by HB1013 April 2023
A marriage is voidable if the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
As added by P.L.1-1997, SEC.3.
An applicant for a marriage license who knowingly furnishes false information concerning the applicant's physical condition to the clerk of a circuit court commits a Level 6 felony.
As added by P.L.1-1997, SEC.3. Amended by P.L.41-2005, SEC.1; P.L.158-2013, SEC.309.
A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.
As added by P.L.1-1997, SEC.3.
(a) Only a female may marry a male. Only a male may marry a female. (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.
As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.
Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are: (1) first cousins; and (2) both at least sixty-five (65) years of age.
As added by P.L.1-1997, SEC.3.
Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.
As added by P.L.1-1997, SEC.3.
Except as provided in sections 5 and 7 of this chapter, two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age.
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.3.
Two (2) individuals may marry each other if: (1) both individuals are at least sixteen (16) years of age; (2) one (1) of the individuals is not more than four (4) years older than the other individual if the other individual is sixteen (16) or seventeen (17) years of age; (3) each individual who is less than eighteen (18) years of age: (A) has been granted an order by a juvenile court under section 7 of this chapter granting the individual approval to marry and completely emancipating the individual; and (B) not earlier than fifteen (15) days after the issuance of the order described in clause (A), presents to the clerk of the circuit court an application for a marriage license accompanied by: (i) a certified copy of the order; and (ii) a certificate of completion of any premarital counseling required under the order; and (4) the individuals are not prohibited from marrying each other for a reason set forth in this article.
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.4.
Before two (2) individuals may marry each other, the individuals must obtain a marriage license under this chapter.
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.4.
Individuals who intend to marry must obtain a marriage license from the clerk of the circuit court of the county of residence of either of the individuals. If neither of the individuals who intends to marry is a resident of Indiana, the individuals must obtain the marriage license from the clerk of the circuit court of the county in which the marriage is to be solemnized.
As added by P.L.1-1997, SEC.3.
A clerk of a circuit court may not issue a marriage license unless the individuals who apply for the license have the authority to marry each other under IC 31-11-1.
As added by P.L.1-1997, SEC.3.
Each individual who applies for a marriage license must submit to the clerk of the circuit court documentary proof of the individual's age, in the form of: (1) a: (A) certified copy of the individual's birth certificate; (B) copy of a birth record; or (C) certification of birth issued by the Indiana department of health, a local registrar of vital statistics, or another public office charged with similar duties under the law of another state, territory, or country; (2) a certified copy of a judicial decree issued under IC 34-28-1 (or IC 34-4-3 before its repeal) that establishes the date of the individual's birth; (3) a passport; (4) a valid operator's license or other identification that is issued by a state or another governmental entity and that contains the individual's date of birth and current address; (5) an immigration or naturalization record showing the individual's date of birth; (6) a United States selective service card or armed forces record showing the individual's date of birth; or (7) a: (A) court record; or (B) document or record issued by a governmental entity; showing the individual's date of birth.
As added by P.L.1-1997, SEC.3. Amended by P.L.1-1998, SEC.158; P.L.94-2020, SEC.8.; Amended by HB1013 April 2023
A clerk of a circuit court or a deputy of the clerk may not issue a marriage license unless the application for the license is accompanied by the information required to be submitted by section 6 of this chapter.
As added by P.L.1-1997, SEC.3.
An application for a marriage license expires sixty (60) days after the application is filed with the clerk of the circuit court unless a license to marry is issued under the application within that time.
As added by P.L.1-1997, SEC.3.
A marriage license expires sixty (60) days after the license is issued unless a marriage is solemnized under the license within that time.
As added by P.L.1-1997, SEC.3.
A clerk of a circuit court may not issue a marriage license if either of the individuals who applies for the license: (1) has been adjudged to be mentally incompetent unless the clerk finds that the adjudication is no longer in effect; (2) is under the influence of an alcoholic beverage or a narcotic drug; or (3) is a lifetime sex or violent offender, unless the individual submits an affidavit stating under the penalties of perjury that the individual has provided written notice of the person's: (A) intent to marry; and (B) intended married name; to the local law enforcement authority in the county of conviction and in the person's county of residence.
As added by P.L.1-1997, SEC.3. Amended by P.L.244-2019, SEC.5.
Individuals who intend to marry each other must present a marriage license that is issued under this chapter to an individual who is authorized by IC 31-11-6 to solemnize marriages.
As added by P.L.1-1997, SEC.3.
A marriage license that is issued under this chapter is the legal authority for an individual who is authorized to solemnize marriages to marry two (2) individuals.
As added by P.L.1-1997, SEC.3.
Statistical data derived from records of marriages are open to public inspection.
As added by P.L.1-1997, SEC.3.
A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings.
As added by P.L.1-1997, SEC.3.
A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized.
As added by P.L.1-1997, SEC.3.
A marriage is void if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if: (1) the marriage was solemnized after September 1, 1977; (2) the parties to the marriage are first cousins; and (3) both of the parties were at least sixty-five (65) years of age when the marriage was solemnized.
As added by P.L.1-1997, SEC.3.
A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized.
As added by P.L.1-1997, SEC.3.
A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.
As added by P.L.1-1997, SEC.3.
A marriage is void if the parties to the marriage: (1) are residents of Indiana; (2) had their marriage solemnized in another state with the intent to: (A) evade IC 31-11-1-4, IC 31-11-4-4, or IC 31-11-4-11 (or IC 31-7-3-3 or IC 31-7-3-10 before their repeal); and (B) subsequently return to Indiana and reside in Indiana; and (3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized.
As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.10.
Actions to annul voidable marriages under this chapter are governed by IC 31-11-10.
As added by P.L.1-1997, SEC.3.
A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.
As added by P.L.1-1997, SEC.3.
A person who: (1) is authorized to solemnize marriages by IC 31-11-6; and (2) solemnizes a marriage in violation of this article; commits a Class C infraction.
As added by P.L.1-1997, SEC.3.
A person who: (1) attempts to solemnize a marriage; and (2) is not authorized to solemnize marriages by IC 31-11-6; commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.3.
A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.3.
A person who: (1) solemnizes a marriage; and (2) fails to file the marriage license and a duplicate marriage certificate with the clerk of the circuit court not later than ninety (90) days after the date the marriage was solemnized; commits a Class C infraction.
As added by P.L.1-1997, SEC.3.
(a) If before March 8, 1994: (1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15 (before its repeal, now codified at section 16 of this chapter); (2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and (3) the court issued an order affirming the marriage as of the date the marriage occurred; the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate. (b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief. (c) The Indiana department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.
As added by P.L.220-2011, SEC.490.; Amended by HB1013 April 2023
(a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the HIV advisory council of the Indiana department of health concerning serious communicable diseases that are sexually transmitted. (b) Written information and videotaped information distributed by each clerk of the circuit court under subsection (a) must provide current information on human immunodeficiency virus (HIV) infection and other serious communicable diseases that are sexually transmitted. The information must include an explanation of the following: (1) The etiology of serious communicable diseases that are sexually transmitted. (2) The behaviors that create a high risk of transmission of such diseases. (3) Precautionary measures that reduce the risk of contracting such diseases. (4) The necessity for consulting medical specialists if infection is suspected. (c) At the time of application for a marriage license, each clerk of the circuit court shall: (1) provide the marriage license applicants with written information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted; or (2) show the marriage license applicants videotaped information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted. (d) In addition to the information provided to marriage license applicants under subsection (c), each clerk of the circuit court shall inform each marriage license applicant that the applicant may be tested on a voluntary basis for human immunodeficiency virus (HIV) infection by the applicant's private physician or at another testing site. The clerk shall provide the marriage applicants with a list of testing sites in the community. (e) An applicant who objects to the written information or videotaped information on religious grounds is not required to receive the information. (f) If materials required by this section are not prepared by other sources, the Indiana department of health shall prepare the materials. (g) The provider of the materials is responsible for all costs involved in the development, preparation, and distribution of the information required by this section. Except for the materials developed by the state, the state and county are not liable for the costs of materials used to implement this section and section 4 of this chapter.
As added by P.L.1-1997, SEC.3. Amended by P.L.112-2020, SEC.58.; Amended by HB1013 April 2023
(a) The clerk of the circuit court shall forward records of marriage to the Indiana department of health on at least a monthly basis. A clerk: (1) may forward a record of marriage to the Indiana department of health in: (A) a paper form; or (B) an electronic form by using: (i) an automated system developed by the office of judicial administration; or (ii) another automated system approved by the Indiana department of health; and (2) who forwards a record of marriage to the Indiana department of health in an electronic form is not required to forward the record of marriage to the Indiana department of health in a paper form. (b) The Indiana department of health shall: (1) prescribe a form for recording marriages; (2) accept a court order under section 17 of this chapter (or IC 31-7-3-15.5 before its repeal) in place of a marriage certificate; (3) prepare an annual index of all marriages solemnized in Indiana and furnish at least one (1) index to the Indiana state library; and (4) furnish reports on records of marriage published by the Indiana department of health to the Indiana state library.
As added by P.L.1-1997, SEC.3. Amended by P.L.22-2012, SEC.1; P.L.161-2018, SEC.37. ; Amended by HB1013 April 2023
(a) A minor who is sixteen (16) or seventeen (17) years of age may petition the juvenile court in the county in which the minor resides for an order granting the minor approval to marry and completely emancipating the minor. The petition must contain the following information: (1) The minor's name, gender, and age. (2) Documentary proof of the minor's date of birth. (3) The minor's address, and how long the minor has resided at that address. (4) The following information with regard to the intended spouse: (A) The intended spouse's name, gender, and age. (B) Documentary proof of the intended spouse's date of birth. (C) The intended spouse's address, and how long the intended spouse has resided at that address. (5) A statement of: (A) the reasons the minor desires to marry; (B) how the minor and the intended spouse came to know each other; and (C) how long the minor and the intended spouse have known each other. (6) Copies of: (A) any criminal records of the minor and of the intended spouse; and (B) any protective order: (i) issued to protect or restrain either the minor or the intended spouse; and (ii) relating to domestic or family violence, a sexual offense, or stalking. (7) Evidence that the minor has demonstrated maturity and capacity for self-sufficiency and self-support independent of the minor's parents or legal guardians or the intended spouse, including proof that the minor: (A) has graduated from high school; (B) has obtained a high school equivalency diploma; (C) has a plan for continued education; (D) has completed a vocational training or certificate program; (E) has attained a professional licensure or certification; or (F) has maintained stable housing or employment for at least three (3) consecutive months prior to filing the petition. (b) A court with which a petition under subsection (a) is filed shall: (1) set a date for an evidentiary hearing on the petition; (2) provide reasonable notice of the hearing to the minor and the minor's parents or legal guardians; and (3) appoint an attorney to serve as guardian ad litem for the minor. (c) At the evidentiary hearing, the court shall conduct an in camera interview with the minor separate from the minor's parents or legal guardians and intended spouse. (d) Following the evidentiary hearing, and subject to subsection (e), the court may grant the petition if the court finds all of the following: (1) The minor is a county resident who is at least sixteen (16) years of age. (2) The intended spouse is not more than four (4) years older than the minor. (3) The minor's decision to marry is voluntary, and free from force, fraud, or coercion. (4) The minor is mature enough to make a decision to marry. (5) The minor has established the minor's capacity to be self-sufficient and self-supporting independent of the minor's parents, legal guardians, and intended spouse. (6) The minor understands the rights and responsibilities of parties to marriage and of completely emancipated minors. (7) It is in the best interests of the minor for the court to grant the petition to marry and to completely emancipate the minor. In making the determination under this subdivision, the court shall consider how marriage and emancipation may affect the minor's health, safety, education, and welfare. A court that grants a petition under this section shall issue written findings regarding the court's conclusions under subdivisions (1) through (7). (e) The following, considered independently or together, are not sufficient to determine the best interests of a minor for purposes of this section: (1) The fact that the minor or the intended spouse is pregnant or has had a child. (2) The wishes of the parents or legal guardians of the minor. However, there is a rebuttable presumption that marriage and emancipation are not in the best interests of the minor if both parents of the minor oppose the minor's marriage and emancipation. (f) The juvenile court shall deny a petition under this section if the court finds any of the following: (1) The intended spouse: (A) is or was in a position of authority or special trust in relation to the minor; or (B) has or had a professional relationship with the minor, as defined in IC 35-42-4-7. (2) The intended spouse has been convicted of, or entered into a diversion program for, an offense under IC 35-42: (A) that involves an act of violence; (B) of which a child was the victim; or (C) that is an offense under: (i) IC 35-42-3.5; or (ii) IC 35-42-4. (3) Either the minor or the intended spouse is pregnant or is the mother of a child, and the court finds by a preponderance of evidence that: (A) the other party to the marriage is the father of the child or unborn child; and (B) the conception of the child or unborn child resulted from the commission of an offense under: (i) IC 35-42-4-3 (child molesting); (ii) IC 35-42-4-6 (child solicitation); (iii) IC 35-42-4-7 (child seduction); or (iv) IC 35-42-4-9 (sexual misconduct with a minor). (4) The intended spouse has previously been enjoined by a protective order relating to domestic or family violence, a sexual offense, or stalking, regardless of whether the person protected by the order was the minor. (g) If a court grants a petition under this section, the court shall also issue an order of complete emancipation of the minor and provide a certified copy of the order to the minor. (h) A minor emancipated under this section is considered to have all the rights and responsibilities of an adult, except as provided under specific constitutional or statutory age requirements that apply to the minor because of the minor's age, including requirements related to voting, use of alcoholic beverages or tobacco products, and other health and safety regulations. (i) A court hearing a petition under this section may issue any other order the court considers appropriate for the minor's protection. (j) A court that grants a petition under this section may require that both parties to the marriage complete premarital counseling with a marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8, or IC 25-33. (k) A court that grants a petition under this section may impose any other condition on the grant of the petition that the court determines is reasonable under the circumstances.
As added by P.L.94-2020, SEC.6.
The addition of IC 31-7-3-15.5 (before its repeal, now codified at section 17 of this chapter) by P.L.143-1994 applies to marriages performed before, on, and after March 8, 1994.
As added by P.L.220-2011, SEC.489.
A marriage solemnized under the legal authority of a license that: (1) was issued under the authority of a circuit, superior, or juvenile court after August 31, 1984, and before April 16, 1985; and (2) would have been validly issued under IC 31-1-1-1 if that statute had been in effect; is legalized if performed in conformity with all other statutes in effect at the time of the marriage.
As added by P.L.220-2011, SEC.491.
(a) An application for a marriage license must be written and verified. The application must contain the following information concerning each of the applicants: (1) Full name. (2) Birthplace. (3) Residence. (4) Age. (5) Names of dependent children. (6) Full name, including the maiden name of a mother, last known residence, and, if known, the place of birth of: (A) the birth parents of the applicant if the applicant is not adopted; or (B) the adoptive parents of the applicant if the applicant is adopted. (7) Whether either of the applicants is a lifetime sex or violent offender, and, if an applicant is a lifetime sex or violent offender, the county and state in which the conviction was entered giving rise to the applicant's status as a lifetime sex or violent offender. (8) A statement of facts necessary to determine whether any legal impediment to the proposed marriage exists. (9) Except as provided in subsection (e), an acknowledgment that both applicants must sign, affirming that the applicants have received the information described in section 5 of this chapter, including a list of test sites for the human immunodeficiency virus (HIV). The acknowledgment required by this subdivision must be in the following form: ACKNOWLEDGMENT I acknowledge that I have received information regarding serious communicable diseases that are sexually transmitted and a list of test sites for the human immunodeficiency virus (HIV). __________________________ ____________ Signature of Applicant Date __________________________ ____________ Signature of Applicant Date (b) The clerk of the circuit court shall record the application, including the license and certificate of marriage, in a book provided for that purpose. This book is a public record. (c) The Indiana department of health shall develop uniform forms for applications for marriage licenses. The Indiana department of health shall furnish these forms to the circuit court clerks. The state department of health may periodically revise these forms. (d) The Indiana department of health shall require that the record of marriage form developed under subsection (c) must include each applicant's Social Security number. Any Social Security numbers collected on the record of marriage form shall be kept confidential and used only to carry out the purposes of the Title IV-D program. A person who knowingly or intentionally violates confidentiality regarding an applicant's Social Security numbers as described in this subsection commits a Class A infraction. (e) Notwithstanding subsection (a), a person who objects on religious grounds is not required to: (1) verify the application under subsection (a) by oath or affirmation; or (2) sign the acknowledgment described in subsection (a)(9). However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true. (f) If a person objects on religious grounds to: (1) verifying the application under subsection (a) by oath or affirmation; or (2) signing the acknowledgment described in subsection (a)(9); the clerk of the circuit court shall indicate that fact on the application for a marriage license.
As added by P.L.1-1997, SEC.3. Amended by P.L.213-1999, SEC.8; P.L.86-2002, SEC.5; P.L.244-2019, SEC.4; P.L.112-2020, SEC.57., Amended by HB1013 April 2023
(a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall: (1) certify the refusal to the circuit court; and (2) notify the individuals of the clerk's actions. (b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final. (c) The clerk of the circuit court shall: (1) issue; or (2) refuse to issue; a marriage license in conformance with the court's order. (d) The individuals who intend to marry are not liable for costs for any actions taken under this section.
As added by P.L.1-1997, SEC.3.
Marriages between first cousins that were solemnized before April 9, 1907, are legalized.
As added by P.L.220-2011, SEC.492.
A clerk of the circuit court or a deputy of the clerk who issues a license to marry, knowing that the information concerning the physical condition of an applicant is false, commits a Class B misdemeanor.
As added by P.L.1-1997, SEC.3.
(a) The individual who solemnizes a marriage shall do the following: (1) Complete the original and duplicate certificates described in section 15 of this chapter. (2) Give the original certificate to the individuals who married each other. (3) Not later than thirty (30) days after the date of the marriage, file the duplicate certificate and the license to marry with the clerk of the circuit court who issued the marriage license. (b) The clerk of the circuit court shall record the duplicate certificate and license to marry as prescribed by the Indiana department of health under section 15 of this chapter. (c) If a duplicate certificate and marriage license are filed with a clerk of the circuit court who did not issue the marriage license, the clerk shall return the certificate and license to the clerk of the circuit court who issued the license.
As added by P.L.1-1997, SEC.3. ; Amended by HB1013 April 2023
(a) If the individual who solemnizes a marriage fails to: (1) appropriately complete the certificate of marriage; or (2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court; as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred. (b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that: (1) the marriage of the individuals listed was solemnized before the date the original marriage license expired; (2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and (3) the clerk of the circuit court shall: (A) accept the order for filing; and (B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief. (c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate. (d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the Indiana department of health on at least a monthly basis.
As added by P.L.1-1997, SEC.3. ; Amended by HB1013 April 2023
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