West Virginia Marriage Laws | § 48-2-402

West Virginia Code 48-2-402

Qualifications of religious representative for celebrating marriages; registry of persons authorized to perform marriage ceremonies; special revenue fund.

(a) Beginning September 1, 2001, the Secretary of State shall, upon payment of the registration fee established by the Secretary of State pursuant to subsection (d) of this section, make an order authorizing a person who is a religious representative to celebrate the rites of marriage in all the counties of the state, upon proof that the person: (1) Is eighteen years of age or older; (2) Is duly authorized to perform marriages by his or her church, synagogue, spiritual assembly or religious organization; and (3) Is in regular communion with the church, synagogue, spiritual assembly or religious organization of which he or she is a member. (b) The Secretary of State shall establish a central registry of persons authorized to celebrate marriages in this state. Every person authorized under the provisions of subsection (a) of this section to celebrate marriages shall be listed in this registry. Every county clerk shall, prior to October 1, 2001, transmit to the Secretary of State the name of every person authorized to celebrate marriages by order issued in his or her county since 1960 and the Secretary of State shall include these names in the registry. The completed registry and periodic updates shall be transmitted to every county clerk. (c)(1) Upon written request from the registrant, the Secretary of State shall designate the registrant as inactive on the registry. (2) Upon written notice from the governing body of the registrant's authorizing body that the registrant has died or that the registrant's authority to perform marriages has been revoked, the Secretary of State shall attempt to notify the registrant of the change in the registrant's status by United States mail addressed to the registrant's last known address. If the registrant fails to provide the Secretary of State with proof of good standing with his or her authorizing body within thirty days, the registrant shall be designated on the registry as inactive. (d) A fee not to exceed $25 may be charged by the Secretary of State for each registration or reactivation of an individual designated as inactive on the registry received on or after September 1, 2001, and all money received shall be deposited in a special revenue revolving fund designated the Marriage Celebrants Registration Fee Administration Fund in the state Treasury to be administered by the Secretary of State. Expenses incurred by the secretary in the implementation and operation of the registry program shall be paid from the fund. (e) No marriage performed by a person authorized by law to celebrate marriages may be invalidated solely because the person was not listed in the registry provided for in this section. (f) The Secretary of State shall promulgate rules to implement the provisions of this section.

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More West Virginia Marriage Laws

§ 48-2-504 Failure to endorse and return license; penalties.
§ 48-2-401 Persons authorized to perform marriages.
§ 48-2-402 Qualifications of religious representative for celebrating marriages; registry of persons authorized to perform marriage ceremonies; special revenue fund.
§ 48-2-701 Premarital education encouraged; requirements.
§ 48-2-406 Federal judges authorized to perform marriages.
§ 48-2-702 Marriage education fund.
§ 48-2-101 Necessity of marriage license.
§ 48-2-102 Where an application for a marriage license may be made; when an application may be received and a license issued; application by mail.
§ 48-2-104 Contents of the application for a marriage license.
§ 48-2-105 Execution of the application for a marriage license.
§ 48-2-303 Prohibition against marriage not to include persons related by adoption.
§ 48-2-107 Recording an application for a marriage license.
§ 48-2-201 Form of marriage license.
§ 48-2-202 Endorsement and return of licenses by persons solemnizing marriage; duties of clerk pertaining thereto.
§ 48-2-203 Register of marriages.
§ 48-2-204 Record of marriage celebrated outside of state.
§ 48-2-302 Prohibition against marriage of persons related within certain degrees.
§ 48-2-403 Ritual for ceremony of marriage by a religious representative.
§ 48-2-404 Ritual for ceremony of marriage by a judge or justice.
§ 48-2-405 Record of marriage to be kept by person officiating.
§ 48-2-501 Unlawful acts by clerk of the county commission; penalties.
§ 48-2-502 Issuing marriage license contrary to law; penalty.
§ 48-2-503 Consanguineous marriage; penalty.
§ 48-2-505 Unlawful solicitation of a celebration of marriage.
§ 48-2-601 Belief of parties in lawful marriage validates certain defects.
§ 48-2-602 Marriage out of state to evade law.
§ 48-2-603 Certain acts, records, and proceedings not to be given effect in this state.
§ 48-2-103 Waiting period before issuance of marriage license; issuance of license in case of emergency or extraordinary circumstances.
§ 48-2-106 Proof of age.
§ 48-2-301 Age of consent for marriage; exception.