Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

Indiana Code - Title 31: Family Law and Juvenile Law - Article 11: Marriage - Chapter 4: Marriage Licenses and Certificates IC 31-11-4-17 - Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

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(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 state department of health on at least a monthly basis.

As added by P.L.1-1997, SEC.3.

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