11

Fifth Annual Fifth Annual Vitals/County Clerk Staff WorkshopVitals/County Clerk Staff Workshop

MARRIAGESMARRIAGES

20112011

22

DISCLAIMER / WARNING

This is a training workshop, but local practices do vary from county tocounty according to local policy and practice as well as local countycounsel opinions.

No practice or procedure you become aware of as a result of thisworkshop should be implemented in your own office without the fullAWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

33

Marriage Licenses, Marriage Licenses, Certificates, Ceremonies Certificates, Ceremonies

and More….and More….

44

County ClerkCounty Clerk

Issues marriage licensesIssues marriage licenses

Local registrar of Local registrar of confidentialconfidential marriages [FC 401]marriages [FC 401]

Maintains permanent index Maintains permanent index

55

Marriage OfficiantMarriage Officiant Performs ceremony (solemnizes the Performs ceremony (solemnizes the

marriage)marriage)

Completes marriage licenseCompletes marriage license

Returns Returns publicpublic license to County license to County Recorder’s office for registrationRecorder’s office for registration

Returns Returns confidentialconfidential license to license to County Clerk’s office for registrationCounty Clerk’s office for registration

66

County RecorderCounty Recorder

Local registrar of Local registrar of publicpublic marriages [HS marriages [HS 102285 & 102295]102285 & 102295]

Required to verify an acceptable Required to verify an acceptable certificate is filed for each marriagecertificate is filed for each marriage

Transmit to the state office not less Transmit to the state office not less than quarterly [HS 102355]than quarterly [HS 102355]

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California California Marriage Licenses Marriage Licenses

& Forms& Forms

88

There are four types of marriage There are four types of marriage licenses issued by the County Clerk in licenses issued by the County Clerk in

California:California: License & Certificate of Marriage (Public - VS License & Certificate of Marriage (Public - VS

117)117)

Confidential License & Certificate of Marriage Confidential License & Certificate of Marriage (VS 123)(VS 123)

License & Certificate of Declaration of Marriage License & Certificate of Declaration of Marriage (VS 116)(VS 116)

License and Certificate of Marriage for License and Certificate of Marriage for Denominations Not Having Clergy (VS 115)Denominations Not Having Clergy (VS 115)

A petition to establish the fact of marriage, order A petition to establish the fact of marriage, order establishing those facts and issuance of a court establishing those facts and issuance of a court ordered delayed certificate of marriage are done ordered delayed certificate of marriage are done through Superior Court (VS 122)through Superior Court (VS 122)

99

Power of Attorney for members of the Power of Attorney for members of the United States Armed Forces stationed United States Armed Forces stationed overseas and serving in a conflict or a overseas and serving in a conflict or a war:war: This form may be used by members of the United

States Armed Forces stationed overseas and serving in a conflict or a war, who are unable to physically unable to physically appear in person to obtain the marriage license appear in person to obtain the marriage license and/or have their marriage solemnized.and/or have their marriage solemnized.

The power of attorney must be signed by the party The power of attorney must be signed by the party stationed overseas and acknowledged by a notary stationed overseas and acknowledged by a notary or witnessed by two officers of the United States or witnessed by two officers of the United States Armed Forces. Armed Forces.

The power of attorney shall state the true legal The power of attorney shall state the true legal names of the parties to be married, and that the names of the parties to be married, and that the power of attorney is solely for the purpose of power of attorney is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage authorizing the attorney-in-fact to obtain a marriage license on the person’s behalf and participate in the license on the person’s behalf and participate in the solemnization of the marriage. The original power solemnization of the marriage. The original power of attorney shall be part of the marriage certificate of attorney shall be part of the marriage certificate upon registration and is issued with certified copies upon registration and is issued with certified copies as a second page similar to an amendment.as a second page similar to an amendment.

1010

Affidavit of Inability to Appear Form:Affidavit of Inability to Appear Form: This may be used if for sufficient This may be used if for sufficient

reason one or both parties cannot reason one or both parties cannot physically appear together to apply physically appear together to apply for the marriage license [FC 426, for the marriage license [FC 426, 502].502].

Specifies sufficient reason includes:Specifies sufficient reason includes: Proof of hospitalizationProof of hospitalization IncarcerationIncarceration Other reason proved to the satisfaction of Other reason proved to the satisfaction of

the County Clerkthe County Clerk

1111

Affidavit of Inability to Appear Form (cont’d):Affidavit of Inability to Appear Form (cont’d):

Can be used for either a public or confidential marriage license (FC Can be used for either a public or confidential marriage license (FC 426, 502)426, 502)

Requires the signature of the party who is unable to physically Requires the signature of the party who is unable to physically appear be authenticated by a court or notary publicappear be authenticated by a court or notary public

Requires the affidavit be executed and signed under penalty of Requires the affidavit be executed and signed under penalty of perjury by all parties (first person, second person, and person perjury by all parties (first person, second person, and person solemnizing the marriage)solemnizing the marriage)

Requires the person solemnizing the marriage physically present Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining the reason the completed affidavit to the County Clerk explaining the reason for the inability to appearfor the inability to appear

If only one party is physically unable to appear, the other party must If only one party is physically unable to appear, the other party must physically appear in the County Clerk’s Office at the same time as the physically appear in the County Clerk’s Office at the same time as the person solemnizing the marriage to have the marriage license issuedperson solemnizing the marriage to have the marriage license issued

NOTENOTE: GC 8224(a) prohibits the notary public who has : GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are unable authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s Office from to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage. also being the person solemnizing this marriage.

1212

Issuing a Issuing a Marriage LicenseMarriage License

1313

Parties need to be physically present in Parties need to be physically present in your office at the same time in order to your office at the same time in order to purchase a marriage licensepurchase a marriage license Unless they are applying for a marriage license Unless they are applying for a marriage license

using an Affidavit of Inability to Appear Formusing an Affidavit of Inability to Appear Form Both need to be 18 years of age or older, Both need to be 18 years of age or older,

and have authentic photo identification and have authentic photo identification acceptable to the County Clerkacceptable to the County Clerk Persons under the age of 18 must have Persons under the age of 18 must have

parental consent and apply to Superior Court parental consent and apply to Superior Court for an order authorizing the issuance of a for an order authorizing the issuance of a marriage license. A certified copy of the order marriage license. A certified copy of the order must be presented to the County Clerk when must be presented to the County Clerk when the marriage license is issued.the marriage license is issued.

1414

A credible witness affidavit may be used in lieu of A credible witness affidavit may be used in lieu of authentic photo identification. The credible authentic photo identification. The credible witness must be at least 18 years of age, be of witness must be at least 18 years of age, be of sound mind, and know the person whom they are sound mind, and know the person whom they are identifying. It is up to the County Clerk whether identifying. It is up to the County Clerk whether or not they will accept a credible witness affidavit.or not they will accept a credible witness affidavit.

Parties must be getting married in California, Parties must be getting married in California, within 90 days of the date the marriage within 90 days of the date the marriage license is issued.license is issued. If a confidential marriage license is issued, the If a confidential marriage license is issued, the

parties must be getting married in the county parties must be getting married in the county where the marriage license is issued.where the marriage license is issued.

Parties who are applying for a License and Parties who are applying for a License and Certificate of Declaration of Marriage are Certificate of Declaration of Marriage are declaring the facts of their marriage that occurred declaring the facts of their marriage that occurred more than one year ago.more than one year ago.

1515

Question:Question: A 16 year old emancipated minor comes A 16 year old emancipated minor comes

into your office and wants to apply for a into your office and wants to apply for a marriage license. She states she marriage license. She states she doesn’t need parental consent since she doesn’t need parental consent since she was emancipated through Superior was emancipated through Superior Court. Can you issue the marriage Court. Can you issue the marriage license?license?

1616

Complete and issue the marriage license Complete and issue the marriage license using the information provided by the using the information provided by the parties in their application as follows:parties in their application as follows:

NAMES OF BOTH PARTIES NAMES OF BOTH PARTIES (Fields 1A-1D & 12A-12D)(Fields 1A-1D & 12A-12D)

Must be full legal name as shown on their Must be full legal name as shown on their birth certificate, adoption decree, court birth certificate, adoption decree, court ordered name change or naturalization ordered name change or naturalization certificatecertificate

An assumed last name may be entered in fields An assumed last name may be entered in fields 1C or 12C as applicable – however their legal last 1C or 12C as applicable – however their legal last name must be entered in fields 1D or 12D as name must be entered in fields 1D or 12D as applicable applicable

1717

Question:Question: A couple comes into your office to A couple comes into your office to

purchase a marriage license. One of the purchase a marriage license. One of the parties names on their birth certificate is parties names on their birth certificate is listed as “Baby Girl” in the first and listed as “Baby Girl” in the first and middle name fields. Her driver’s license middle name fields. Her driver’s license and social security card correctly reflect and social security card correctly reflect the first and middle names she’s used the first and middle names she’s used all her life. How should her name be all her life. How should her name be listed on the marriage license?listed on the marriage license?

1818

DATE OF BIRTHDATE OF BIRTH(Fields 2 & 13)(Fields 2 & 13)

Enter the parties dates of birthEnter the parties dates of birth

STATE/COUNTRY OF BIRTHSTATE/COUNTRY OF BIRTH(Fields 3 & 14)(Fields 3 & 14)

Enter theEnter the birthplace using the standard two birthplace using the standard two letter abbreviationletter abbreviation

1919

Question:Question: A couple comes into your office to A couple comes into your office to

purchase a marriage license. You notice purchase a marriage license. You notice the year of birth on the driver’s license the year of birth on the driver’s license for one of the applicants is different than for one of the applicants is different than what’s shown on their marriage what’s shown on their marriage application. The customer tells you the application. The customer tells you the DMV made a mistake and they have DMV made a mistake and they have never gone back to correct it. What never gone back to correct it. What date should you put on the marriage date should you put on the marriage license? license?

2020

PREVIOUS MARRIAGES/SRDPPREVIOUS MARRIAGES/SRDP(Fields 4 & 15)(Fields 4 & 15)

Enter the number of previous marriage Enter the number of previous marriage and/or Terminated State Registered and/or Terminated State Registered Domestic Partnerships (SRDP)Domestic Partnerships (SRDP)

Note: Marriages that were terminated by an Note: Marriages that were terminated by an annulment must be listed as a previous annulment must be listed as a previous marriagemarriage

LAST MARRIAGE ENDED BYLAST MARRIAGE ENDED BY(Fields 5A &16A)(Fields 5A &16A)

Enter how the LAST marriage endedEnter how the LAST marriage ended

DATE ENDEDDATE ENDED(Fields 5B & 16B)(Fields 5B & 16B)

Enter the month/day/century and year Enter the month/day/century and year the LAST marriage ended. If no previous the LAST marriage ended. If no previous marriages enter two dashes (--)marriages enter two dashes (--)

2121

Question:Question: A couple comes into your office to A couple comes into your office to

purchase a marriage license. One of the purchase a marriage license. One of the parties had a previous marriage that parties had a previous marriage that ended by divorce. The final date of the ended by divorce. The final date of the divorce will be before the marriage divorce will be before the marriage ceremony, but is after the date they are ceremony, but is after the date they are in your office applying for the marriage in your office applying for the marriage license. Can you issue the license since license. Can you issue the license since the divorce will be final before they have the divorce will be final before they have their ceremony?their ceremony?

2222

ADDRESSADDRESS(Fields 6-9 & 17-20)(Fields 6-9 & 17-20)

Enter the full street address including Enter the full street address including city, state and zip where the applicants city, state and zip where the applicants usually resideusually reside

If the place where the applicant resides has If the place where the applicant resides has no number or street address, enter a no number or street address, enter a physical description of a location, e.g., “four physical description of a location, e.g., “four miles south of Sutter Creek”miles south of Sutter Creek”

If they prefer, applicants may use a business If they prefer, applicants may use a business address, a U.S. P.O. Box, or temporary address, a U.S. P.O. Box, or temporary residence address being used during a visit residence address being used during a visit or while on vacation.or while on vacation.

2323

Question:Question: If one or both of the applicant’s are If one or both of the applicant’s are

homeless and living in their car, or homeless and living in their car, or under a bridge, how would you list their under a bridge, how would you list their address on the marriage license?address on the marriage license?

2424

FULL BIRTH NAME OF PARENTSFULL BIRTH NAME OF PARENTS(Fields 10A, 11A, 21A & 22A)(Fields 10A, 11A, 21A & 22A)

Enter the full birth name of the Enter the full birth name of the applicant’s father/parent and applicant’s father/parent and mother/parentmother/parent

A dash or “unknown” is acceptable for a A dash or “unknown” is acceptable for a father/parent’s father/parent’s full name if there is no full name if there is no father/parentfather/parent listed on the applicant’s birth listed on the applicant’s birth certificatecertificate

/parent was added to all vital record forms /parent was added to all vital record forms based on GC 14771(14) which states all based on GC 14771(14) which states all forms have to be gender neutralforms have to be gender neutral

Entries for parents’ names are to reflect Entries for parents’ names are to reflect parents by birth or adoption. Only if the parents by birth or adoption. Only if the step-parent legally adopted the individual is step-parent legally adopted the individual is the step-parent’s name to be entered the step-parent’s name to be entered

A middle initial may be entered when there A middle initial may be entered when there is not sufficient space to fit the full first, is not sufficient space to fit the full first, middle and last name of the parentmiddle and last name of the parent

2525

Questions:Questions:

If the parents are a same gender couple, If the parents are a same gender couple, how do you enter their names on the how do you enter their names on the marriage license?marriage license?

One of the applicant’s has “Jr” after their One of the applicant’s has “Jr” after their last name on the marriage license. In last name on the marriage license. In the field for their father’s name, they’ve the field for their father’s name, they’ve listed “Sr”. Is this acceptable?listed “Sr”. Is this acceptable?

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STATE/COUNTRY OF BIRTH FOR BOTH PARENTSSTATE/COUNTRY OF BIRTH FOR BOTH PARENTS(Fields 10B, 11B, 21B & 22B)(Fields 10B, 11B, 21B & 22B)

Enter the birthplace of each parent using the Enter the birthplace of each parent using the standard two letter abbreviationstandard two letter abbreviation

““Unknown” is an acceptable entry if the parent’s Unknown” is an acceptable entry if the parent’s birthplace is not knownbirthplace is not known

2727

NEW MIDDLE AND LAST NAME NEW MIDDLE AND LAST NAME (Fields 30A thru 31C)(Fields 30A thru 31C)

A person may adopt any of the following middle names:A person may adopt any of the following middle names: The current last name of the other spouseThe current last name of the other spouse The last name of either spouse given at birthThe last name of either spouse given at birth A hyphenated combination of the current middle name and current last A hyphenated combination of the current middle name and current last

name of the person or spousename of the person or spouse A hyphenated combination of the current middle name and the last name A hyphenated combination of the current middle name and the last name

given at birth of the person or spousegiven at birth of the person or spouse

A person may adopt any of the following last names:A person may adopt any of the following last names: The current last name of either spouseThe current last name of either spouse The last name of either spouse given at birthThe last name of either spouse given at birth A name combining into a single last name all or a segment of the current A name combining into a single last name all or a segment of the current

last name or the last name of either spouse given at birthlast name or the last name of either spouse given at birth A hyphenated combination of last namesA hyphenated combination of last names

A segment is a contiguous portion of the name; it is an identifiable match of a portion of A segment is a contiguous portion of the name; it is an identifiable match of a portion of the current last name or the last name given at birth of either spouse (Fields 1C, 1D, 12C,the current last name or the last name given at birth of either spouse (Fields 1C, 1D, 12C,12D). The segment may not omit or add new letters and the letters may not be changed 12D). The segment may not omit or add new letters and the letters may not be changed around to create an entirely different segment that does not match a portion of the currentaround to create an entirely different segment that does not match a portion of the currentlast name or the last name given at birth of either spouse.last name or the last name given at birth of either spouse.

Hyphenated middle and/or last names may or may not include an actual hyphen (-) Hyphenated middle and/or last names may or may not include an actual hyphen (-) between thebetween the

names. This should be decided by the party wishing to hyphenate their namenames. This should be decided by the party wishing to hyphenate their name..

2828

NEW MIDDLE AND LAST NAME (cont’d)NEW MIDDLE AND LAST NAME (cont’d)(Fields 30A thru 31C)(Fields 30A thru 31C)

NOTE:NOTE: The law does not allow someone to drop their existing middle The law does not allow someone to drop their existing middle name by using the marriage certificate. They must keep their existing name by using the marriage certificate. They must keep their existing middle name or change it. In other words, if there is any middle name middle name or change it. In other words, if there is any middle name in 1B or 12 B, there MUST BE an entry in 30B or 31B, either the in 1B or 12 B, there MUST BE an entry in 30B or 31B, either the existing middle name or a new middle name. existing middle name or a new middle name.

When a party adopts a When a party adopts a new middle namenew middle name – the middle name shown – the middle name shown in field 1B or 12B as applicable can be part of the new middle name. in field 1B or 12B as applicable can be part of the new middle name. The new middle name is placed in either 30B or 31 B.The new middle name is placed in either 30B or 31 B.

Segments of a name are not acceptable in the middle name fields. Segments of a name are not acceptable in the middle name fields. When a party to a marriage adopts a new middle and/or last name, When a party to a marriage adopts a new middle and/or last name, all all

name fields in the area entitled “New Names” for that party must be name fields in the area entitled “New Names” for that party must be completed.completed.

The new middle name field should not contain dashes (--) if a party The new middle name field should not contain dashes (--) if a party has elected to change their name unless that party does not have a has elected to change their name unless that party does not have a current middle name shown in field 1B or 12B, and they are not current middle name shown in field 1B or 12B, and they are not adopting a new middle name.adopting a new middle name.

If a party is adopting a If a party is adopting a new last namenew last name, the last name may only be , the last name may only be taken from, or be a segment or hyphenation of, the last names shown taken from, or be a segment or hyphenation of, the last names shown in fields 1C, 1D, 12C or 12D.in fields 1C, 1D, 12C or 12D.

When a party does not elect to change their name, each of the new When a party does not elect to change their name, each of the new name fields for that party must be completed with two dashes (--).name fields for that party must be completed with two dashes (--).

Hyphenated middle and/or last names may or may not include an Hyphenated middle and/or last names may or may not include an actual hyphen (-) between the names. This should be decided by the actual hyphen (-) between the names. This should be decided by the party wishing to hyphenate their name.party wishing to hyphenate their name.

Contact your Policy Analyst at CDPH-VR with any questions.Contact your Policy Analyst at CDPH-VR with any questions.

2929

AFFIDAVITAFFIDAVIT Both parties must declare under penalty of Both parties must declare under penalty of

perjury that the facts of the marriage license perjury that the facts of the marriage license are true and correct, they are unmarried, there are true and correct, they are unmarried, there is no legal objection to the marriage, and they is no legal objection to the marriage, and they acknowledge receipt of the brochure as listed acknowledge receipt of the brochure as listed in Family Code Section 358in Family Code Section 358

Some counties require the applicants to raise their Some counties require the applicants to raise their right hand and read the affidavit out loud – or they right hand and read the affidavit out loud – or they read the affidavit to the couple. There is no legal read the affidavit to the couple. There is no legal requirement that the couple raise their right hand requirement that the couple raise their right hand and read the oath out loud…however, the clerk and read the oath out loud…however, the clerk issuing the marriage license must in some way affirm issuing the marriage license must in some way affirm the parties are declaring the information under the parties are declaring the information under penalty of perjurypenalty of perjury

3030

SIGNATURE OF APPLICANTSSIGNATURE OF APPLICANTS(Fields 23 & 24)(Fields 23 & 24)

Applicants sign the marriage license in Applicants sign the marriage license in permanent ink using their normal or usual permanent ink using their normal or usual signature.signature.

Their signature may not necessarily agree with the Their signature may not necessarily agree with the legal name entered in the name fieldslegal name entered in the name fields

3131

Signatures that are made with a mark (X):

Any signature made with a mark (X) must be identified with thestatement. “First Person Mark,” or “Second Person Mark,” and followed by the written signature of one person who witnessed the signing. The official issuing the license may sign as the witness. The typed name of the witness must be included. Example: Field 23 or 24 Signature of First or Second Person as Field 23 or 24 Signature of First or Second Person as applicableapplicable

“ “X” “First (or Second) Person’s Mark” Witness: Jane DoeX” “First (or Second) Person’s Mark” Witness: Jane Doe SignatureSignature

Attorney-in-fact signatures for licenses issued using a Power of Attorney for parties stationed overseas serving in a

conflict or a war:

The attorney-in fact (AIF) must sign on behalf of the party who is stationed overseas

Example: Field 23 or 24 Signature of First or Second Person as applicable

John Alan Smith, by: Joseph Brown, AIF

3232

Issuing the marriage licenseIssuing the marriage license License to marry sectionLicense to marry section

Point out expiration date in field 25B when Point out expiration date in field 25B when issuing the marriage license issuing the marriage license

Explain at least one witness is required for Explain at least one witness is required for public license and no more than two can public license and no more than two can sign on the licensesign on the license

Give original license and officiant Give original license and officiant instructions and advise couple to give instructions and advise couple to give packet to the person performing their packet to the person performing their ceremony ceremony

3333

Confidential Confidential Marriage Marriage LicensesLicenses

3434

General InformationGeneral Information Policy originated around 1877Policy originated around 1877

Called “church marriages” because historically Called “church marriages” because historically the record was filed with the churchthe record was filed with the church

State had no role in the system until 1970 when a State had no role in the system until 1970 when a series of legislative changes were directed at series of legislative changes were directed at aligning the requirements of aligning the requirements of confidentialconfidential marriages with those of marriages with those of publicpublic marriages marriages

Law changed in 1985 requiring the confidential Law changed in 1985 requiring the confidential license may only be used in the county in which it license may only be used in the county in which it was issued. Prior to that time, the code was silent was issued. Prior to that time, the code was silent on where the confidential license could be used so on where the confidential license could be used so older records may show a confidential marriage older records may show a confidential marriage performed in a county other than the county performed in a county other than the county where the license was issued. (Ch 149 Statutes of where the license was issued. (Ch 149 Statutes of 1984 (amended Civil Code Section 4312(b))1984 (amended Civil Code Section 4312(b))

3535

General Information General Information (cont’d)(cont’d)

County Clerk or local official prepares County Clerk or local official prepares “License and Certificate of “License and Certificate of Confidential Marriage” [VS 123]Confidential Marriage” [VS 123]

Not available to members of religious Not available to members of religious denominations not having clergydenominations not having clergy

3636

Confidential Marriage License Confidential Marriage License RulesRules

Only used when applicants have been Only used when applicants have been living together as spousesliving together as spouses

Both Both publicpublic and and confidentialconfidential marriage marriage licenses may be amended [HS 103225-licenses may be amended [HS 103225-103255]103255]

ConfidentialConfidential ceremony requires three ceremony requires three people: unmarried male, unmarried people: unmarried male, unmarried female, and person solemnizing marriage female, and person solemnizing marriage (no witness required)(no witness required)

3737

Confidential Marriage License Confidential Marriage License Rules (cont’d)Rules (cont’d)

Certificates filed and maintained by the Certificates filed and maintained by the County ClerkCounty Clerk

May not be issued for Attorney-in-Fact May not be issued for Attorney-in-Fact marriages [FC 420 (b)]marriages [FC 420 (b)]

Parties attest under penalty of perjury Parties attest under penalty of perjury that they are living together as spousesthat they are living together as spouses

3838

License and Certificate of License and Certificate of Confidential MarriageConfidential Marriage

License becomes License becomes confidentialconfidential afterafter marriage is solemnizedmarriage is solemnized

Record is held confidentialRecord is held confidential – not – not for public viewingfor public viewing

County Clerk may only indicate if County Clerk may only indicate if there is a record of the marriagethere is a record of the marriage

Court order is required to release Court order is required to release the date or any other facts the date or any other facts contained in the certificatecontained in the certificate

3939

Confidential Marriage Licenses Issued to

Authorized Notaries

4040

AUTHORIZED NOTARIESAUTHORIZED NOTARIES

Fee to file an application and a renewal is $300 Fee to file an application and a renewal is $300 Renewed annuallyRenewed annually Must be filed in the County where the notary Must be filed in the County where the notary

residesresides Notary must successfully complete a mandatory Notary must successfully complete a mandatory

maximum of six hours of instruction given by the maximum of six hours of instruction given by the County Clerk in the county where they are County Clerk in the county where they are registered [FC 532]. registered [FC 532].

For a notary to perform the marriage, she/he must be one of the persons authorized under Family Code, Section 400, e.g., priest, minister, or rabbi.

4141

AUTHORIZED NOTARIES AUTHORIZED NOTARIES (cont’d)(cont’d)

Secretary of State suggests you contact Secretary of State suggests you contact your County Counsel or District Attorney your County Counsel or District Attorney for guidance if you have a question as to for guidance if you have a question as to whether or not GC 8224(a) prohibits the whether or not GC 8224(a) prohibits the notary public who has acknowledged the notary public who has acknowledged the signature of the parties to the marriage signature of the parties to the marriage from also being the person solemnizing from also being the person solemnizing this marriage. this marriage. GC 8224GC 8224. A notary public who has a . A notary public who has a

direct financial or beneficial interest in a direct financial or beneficial interest in a transaction shall not perform any notarial transaction shall not perform any notarial act in connection with such transaction.act in connection with such transaction.

4242

Marriage Marriage CeremoniesCeremonies

4343

General InformationGeneral Information California State Law does not require California State Law does not require

persons performing marriages to file persons performing marriages to file credentials with the Clerk of the Courtcredentials with the Clerk of the Court

County and State are not responsible for County and State are not responsible for verification of credentialsverification of credentials

The State does not maintain central The State does not maintain central registry of clergy membersregistry of clergy members

Verification is at the discretion of the Verification is at the discretion of the parties to the marriageparties to the marriage

4444

Who can perform ceremonies?Who can perform ceremonies? Persons over the age of 18, authorized to solemnize marriage ceremonies Persons over the age of 18, authorized to solemnize marriage ceremonies

in California in California are as follows [FC 400]:are as follows [FC 400]: A priest, minister, or rabbi of any religious denomination. A priest, minister, or rabbi of any religious denomination.

Note: Note: Captains of the Salvation Army; and a religious leader or shaman are authorized Captains of the Salvation Army; and a religious leader or shaman are authorized to perform marriages in Californiato perform marriages in California

A judge or retired judge, commissioner, retired commissioner or assistant A judge or retired judge, commissioner, retired commissioner or assistant commissioner of a commissioner of a court of record in California.court of record in California.

NOTE: NOTE: Out of State judges are not authorized to perform marriages in CaliforniaOut of State judges are not authorized to perform marriages in California

A judge or magistrate who has resigned from officeA judge or magistrate who has resigned from office

Any of the following Any of the following judges or magistrates of thejudges or magistrates of the United StatesUnited States::

A Justice or retired justice of the United States Supreme CourtA Justice or retired justice of the United States Supreme Court

A judge or retired judge of a Court of Appeals, district court, or court created by an act of A judge or retired judge of a Court of Appeals, district court, or court created by an act of Congress the judges of which are entitled to hold office during good behaviorCongress the judges of which are entitled to hold office during good behavior

A judge or retired judge of a bankruptcy court or a tax courtA judge or retired judge of a bankruptcy court or a tax court

A United States magistrate or a retired magistrateA United States magistrate or a retired magistrate

A California legislator or constitutional officer, or a member of Congress representing a A California legislator or constitutional officer, or a member of Congress representing a district within this state while that person holds officedistrict within this state while that person holds office

In addition to persons specified in FC 400, marriage may also be solemnized by a mayor In addition to persons specified in FC 400, marriage may also be solemnized by a mayor of a city elected by the people while that person holds office. The mayor shall obtain of a city elected by the people while that person holds office. The mayor shall obtain and review from the county clerk all available instructions for marriage solemnization and review from the county clerk all available instructions for marriage solemnization before the mayor first solemnizes a marriage.before the mayor first solemnizes a marriage.

4545

Officiant RequirementsOfficiant Requirements

Must know the California laws regarding Must know the California laws regarding performance of a marriage ceremony and performance of a marriage ceremony and the requirements for officiantsthe requirements for officiants

Must review the marriage license Must review the marriage license prior to prior to solemnizing the marriagesolemnizing the marriage

Note:Note: Any person who solemnizes a Any person who solemnizes a marriage without first reviewing the marriage without first reviewing the license is guilty of a misdemeanor [Penal license is guilty of a misdemeanor [Penal Code 360]Code 360]

4646

Officiant Requirements Officiant Requirements (cont’d)(cont’d) Must complete the marriage license and obtain Must complete the marriage license and obtain

the signature of a witness [FC 422the signature of a witness [FC 422]]

Must return the completed original marriage Must return the completed original marriage license to the issuing County Recorder (or County license to the issuing County Recorder (or County Clerk for confidential licenses) Clerk for confidential licenses) within 10 days of within 10 days of the ceremonythe ceremony

Note:Note: If a license is If a license is lost, damaged, or lost, damaged, or destroyed, before a marriage ceremony destroyed, before a marriage ceremony takes place, takes place, thethe applicants must purchase a applicants must purchase a new marriage license and the old license shall be new marriage license and the old license shall be void. [FC 360 (d), 510 (d)]void. [FC 360 (d), 510 (d)]

Must cooperate with state or local officials by Must cooperate with state or local officials by replying promptly to inquiries concerning any replying promptly to inquiries concerning any entry on the license.entry on the license.

4747

Question:Question: Does the marriage officiant have to Does the marriage officiant have to

review the marriage license prior to review the marriage license prior to solemnizing the marriage?solemnizing the marriage?

4848

Form of Marriage CeremonyForm of Marriage Ceremony According to Family Code According to Family Code §420, a§420, a publicpublic

marriage (VS 117) in California requiresmarriage (VS 117) in California requires

Minimum of 4 people [FC 420]:Minimum of 4 people [FC 420]:

An unmarried maleAn unmarried male An unmarried femaleAn unmarried female A person solemnizing the marriageA person solemnizing the marriage At least one witness At least one witness

Parties must declareParties must declare, in the physical , in the physical presence of the person solemnizing the presence of the person solemnizing the marriage and the necessary witnesses, that marriage and the necessary witnesses, that they take each other as husband and wife they take each other as husband and wife (spouse)(spouse)

4949

Certification of Person Certification of Person Solemnizing MarriageSolemnizing Marriage

After the marriage is solemnized, the After the marriage is solemnized, the officiant must complete the officiant must complete the certification portion of the marriage certification portion of the marriage licenselicense

On the VS-115 and VS 116 forms, the On the VS-115 and VS 116 forms, the parties to the marriage complete the parties to the marriage complete the certification portioncertification portion

5050

Certification of Person Certification of Person Solemnizing Marriage Solemnizing Marriage (cont’d)(cont’d)

Fields 28A – 28C:Fields 28A – 28C:

Enter month, day and year of ceremony in field Enter month, day and year of ceremony in field 28A– date must be on/after issue date shown in 28A– date must be on/after issue date shown in field 25A and not later than expiration date field 25A and not later than expiration date shown in field 25B. Enter name of city and shown in field 25B. Enter name of city and county where the event took place in field 28 county where the event took place in field 28 B-C – do not list landmark name and do not B-C – do not list landmark name and do not leave blankleave blank

Fields 29A – 29EFields 29A – 29E

Officiant signs his/her name in field 29AOfficiant signs his/her name in field 29A

Note: Only one entry is allowed in this boxNote: Only one entry is allowed in this box

5151

Certification of Person Certification of Person Solemnizing Marriage Solemnizing Marriage (cont’d)(cont’d)

The denomination or religious The denomination or religious affiliation of the priest, minister or affiliation of the priest, minister or rabbi (if clergy) must be entered in rabbi (if clergy) must be entered in field 29Bfield 29B

Note: For judge, magistrate, non-Note: For judge, magistrate, non-denominational ministers, or denominational ministers, or commissioner of civil marriages commissioner of civil marriages officiants, enter a dashofficiants, enter a dash(“–”) or “N/A”. Only one entry is allowed (“–”) or “N/A”. Only one entry is allowed in this box in this box

5252

Certification of Person Certification of Person Solemnizing Marriage Solemnizing Marriage (cont’d)(cont’d)

Printed, stamped or typed name of the Printed, stamped or typed name of the primary officiant (one entry only) in field 29Cprimary officiant (one entry only) in field 29C

Official title of the person solemnizing the Official title of the person solemnizing the marriage (should be title that gives him/her marriage (should be title that gives him/her authority under California law) in field 29Dauthority under California law) in field 29D

Complete mailing address of officiant, Complete mailing address of officiant, including zip code in field 29Eincluding zip code in field 29E

Note:Note: If using Zip + 4, enter 9-digit number If using Zip + 4, enter 9-digit number withoutwithout the dash (“–”) the dash (“–”)

5353

Certification of Person Certification of Person Solemnizing Marriage Solemnizing Marriage (cont’d)(cont’d)

Marriage officiant must return the certificate to Marriage officiant must return the certificate to the county recorder within 10 days of the the county recorder within 10 days of the ceremony [FC 423] ceremony [FC 423]

NoteNote: Certificate may be accepted for registration after : Certificate may be accepted for registration after 10 days; however, if more than one year from the date 10 days; however, if more than one year from the date of the event has passed, the marriage must be recorded of the event has passed, the marriage must be recorded either by declaration (VS 116) or by court order (VS either by declaration (VS 116) or by court order (VS 122).122).

5454

Commissioner for One-DayFamily Code Section: 401(a) For each county, the county clerk is designated as a commissioner of civil marriages.(b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner.

Penal Code Section:70.5 Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage pursuant to Section 401 of the Family Code, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by the commissioner of civil marriages or deputy commissioner of civil marriages, other than a fee expressly imposed by law for performance of a marriage, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request or acceptance by any retired commissioner of civil marriages of a fee for the performance of a marriage. This section is inapplicable to the acceptance of a fee for the performance of a marriage on Saturday, Sunday, or a legal holiday.

5555

VolunteersVolunteers

Sacramento County has volunteers Sacramento County has volunteers that work in the marriage unit to:that work in the marriage unit to:

Issue marriage licenseIssue marriage license

Perform marriage ceremonies during the Perform marriage ceremonies during the work week work week

Perform marriage ceremonies on Perform marriage ceremonies on weekends for couples throughout weekends for couples throughout Sacramento CountySacramento County

5656

Volunteers (cont’d)Volunteers (cont’d)

Sacramento County volunteers earn the Sacramento County volunteers earn the prescribed deputy commissioner fees for prescribed deputy commissioner fees for weekend and holiday ceremoniesweekend and holiday ceremonies

They work the busiest days in the office They work the busiest days in the office and look forward to Valentine’s Dayand look forward to Valentine’s Day

It is at the discretion of each county to It is at the discretion of each county to determine the need for volunteers and determine the need for volunteers and how best to utilize themhow best to utilize them

5757

Language Language It is at the discretion of each county to It is at the discretion of each county to

determine if they want to provide determine if they want to provide marriage vows, applications and/or marriage vows, applications and/or handouts in different languageshandouts in different languages

Sacramento County offers marriage vows Sacramento County offers marriage vows in English, Spanish and Russian. Sonoma in English, Spanish and Russian. Sonoma County performs ceremonies in English or County performs ceremonies in English or SpanishSpanish

5858

FundamentalsFundamentals Registration is a state and local functionRegistration is a state and local function

Both Both publicpublic and and confidentialconfidential marriages are registeredmarriages are registered

California Family Code provides for a California Family Code provides for a continuous and permanent registration continuous and permanent registration systemsystem

System is dependent on officiants System is dependent on officiants certifying recordscertifying records

5959

Reviewing the Reviewing the Marriage LicenseMarriage Licensefor Registrationfor Registration

6060

Reviewing the License for Reviewing the License for Registration Registration

After receiving the license from the After receiving the license from the marriage officiant [FC 400-402], the marriage officiant [FC 400-402], the County Recorder reviews the document County Recorder reviews the document prior to acceptance, verifying the following prior to acceptance, verifying the following information is completed:information is completed:

The marriage was licensed and solemnized in The marriage was licensed and solemnized in CaliforniaCalifornia

The license was issued in the same county it is The license was issued in the same county it is being registered. being registered. Note:Note: ConfidentialConfidential marriages must take place in the county where marriages must take place in the county where the license is issuedthe license is issued

6161

Reviewing the License for Reviewing the License for Registration (cont’d)Registration (cont’d)

Is the information complete and in Is the information complete and in compliance with state marriage laws?compliance with state marriage laws?

Was the marriage license issued and Was the marriage license issued and solemnized in California?solemnized in California?

Was it issued in your county?Was it issued in your county?

Was the license valid on date of Was the license valid on date of marriage?marriage?

6262

Is the marriage date, city and county Is the marriage date, city and county on the license?on the license?

Did the parties to the marriage sign in Did the parties to the marriage sign in fields 23 & 24?fields 23 & 24?

Did the witness sign and provide Did the witness sign and provide address?address?

Did the officiant complete their Did the officiant complete their portion?portion?

Reviewing the License for Reviewing the License for Registration (cont’d) Registration (cont’d)

6363

Reviewing the License for Reviewing the License for Registration Registration (cont’d)(cont’d)

If the license is not acceptable, the If the license is not acceptable, the county Recorder will contact the county Recorder will contact the couple and/or the person who couple and/or the person who performed the ceremony to inform performed the ceremony to inform them of the problem and how it may them of the problem and how it may be corrected: be corrected:

DuplicateDuplicate

Declaration Declaration

Court Order Court Order

6464

Reviewing the License for Reviewing the License for Registration (cont’d)Registration (cont’d)

If the license is acceptable, sign and If the license is acceptable, sign and register the marriage eventregister the marriage event

Transmit the competed original marriage Transmit the competed original marriage certificate to CDPH-VR on or before the 5th certificate to CDPH-VR on or before the 5th day of each month, to not less than day of each month, to not less than quarterly [H & S 102355]quarterly [H & S 102355]

Cooperate with the State Registrar by Cooperate with the State Registrar by replying promptly to any queries replying promptly to any queries concerning entries on the forms concerning entries on the forms

6565

Question:Question: Can you accept a public marriage Can you accept a public marriage

license for registration if one of the license for registration if one of the witnesses’ signatures has been crossed witnesses’ signatures has been crossed out and re-written? There is one good out and re-written? There is one good signature and the law only requires one signature and the law only requires one witness for a public marriage license.witness for a public marriage license.

6666

Do Do notnot register if certificate is register if certificate is unacceptable!unacceptable!

Return the document to the marriage Return the document to the marriage officiant with instructions on how to officiant with instructions on how to

correct the problem!correct the problem!

6767

Signature PreferenceSignature Preference Order of preference for the signature of local registrar is as Order of preference for the signature of local registrar is as

follows:follows:

1.1. Original signatureOriginal signature

2.2. Facsimile signature stampFacsimile signature stamp

3.3. Printed name stampPrinted name stamp

4.4. Typed nameTyped name

6868

Registering a License and Registering a License and Certificate For Denominations Not Certificate For Denominations Not

Having ClergyHaving Clergy Must be registered by one of the parties to Must be registered by one of the parties to

the marriage or witnesses within 10 days the marriage or witnesses within 10 days after the ceremonyafter the ceremony

Certificate must be numbered, indexed, and Certificate must be numbered, indexed, and filed with filed with publicpublic marriage certificates marriage certificates

The marriage must be recorded by The marriage must be recorded by declaration of marriage or court order if declaration of marriage or court order if certificate is submitted more than one year certificate is submitted more than one year from the date of the eventfrom the date of the event

6969

Registering a Declaration of Registering a Declaration of Marriage LicenseMarriage License

VS 116 must be registered by the one of the VS 116 must be registered by the one of the parties to the marriage in person or by mail parties to the marriage in person or by mail within 10 days from the date the license is within 10 days from the date the license is issued [FC 359]issued [FC 359]

VS 116 may be numbered by either the year of VS 116 may be numbered by either the year of event event or or the year of registrationthe year of registration

Must be indexed by the actual year of event Must be indexed by the actual year of event and batched separately by actual year of event and batched separately by actual year of event when transmitting to California Department of when transmitting to California Department of Public Health – Vital Records (CDPH-VR).Public Health – Vital Records (CDPH-VR).

7070

Registering a Declaration of Registering a Declaration of Marriage License (cont’d)Marriage License (cont’d)

Declared marriage certificates are filed with all other Declared marriage certificates are filed with all other publicpublic marriagesmarriages

A declaration of marriage can be issued A declaration of marriage can be issued one year or moreone year or more from the date of the California marriage that is being declared from the date of the California marriage that is being declared [FC 425] Note: Couples needing to declare a marriage that took [FC 425] Note: Couples needing to declare a marriage that took place outside of California, need to do so by filing a petition in place outside of California, need to do so by filing a petition in Superior Court for a Court Order Delayed Certificate of Marriage Superior Court for a Court Order Delayed Certificate of Marriage [HS 103450][HS 103450]

When parties to the marriage are unable to meet requirements When parties to the marriage are unable to meet requirements for the License and Certificate of Declaration, they may file a for the License and Certificate of Declaration, they may file a petition with the superior court for an order to judicially petition with the superior court for an order to judicially establish the fact, time, and place of the eventestablish the fact, time, and place of the event

Note:Note: Use “Court Order Delayed Certificate of Marriage” form Use “Court Order Delayed Certificate of Marriage” form for these marriages. [VS 122]for these marriages. [VS 122]

7171

Court Proceedings to Establish Court Proceedings to Establish Record of Marriage Record of Marriage

Petition may be filed with the Clerk of Petition may be filed with the Clerk of the Superior Courtthe Superior Court

Petition must contain all facts necessary Petition must contain all facts necessary for the court to determine time and for the court to determine time and place of marriage [HS 103455]place of marriage [HS 103455]

The order made in the form is The order made in the form is prescribed and furnished by CDPH-VR prescribed and furnished by CDPH-VR [HS 103485][HS 103485]

7272

Court Proceedings to Establish Court Proceedings to Establish Record of Marriage (cont’d)Record of Marriage (cont’d)

CDPH-VR will send the Local Office CDPH-VR will send the Local Office Copy (LOC) to the County Recorder Copy (LOC) to the County Recorder within the area the event occurredwithin the area the event occurred

If the event occurred out-of-state, the If the event occurred out-of-state, the LOC will be sent to the County LOC will be sent to the County Recorder in which the petitioner Recorder in which the petitioner resides [HS 103485]resides [HS 103485]

7373

Replacement LicensesReplacement Licenses

If a marriage license is lost, damaged If a marriage license is lost, damaged or destroyed or destroyed before a marriage before a marriage ceremony ceremony takes place, the takes place, the applicants must purchase a new applicants must purchase a new marriage license and the old license marriage license and the old license shall be void [FC 360].shall be void [FC 360].

7474

DUPLICATE LICENSESDUPLICATE LICENSES If a marriage license is lost, damaged, or destroyed after the If a marriage license is lost, damaged, or destroyed after the

ceremony, but before it is returned to the county recorder, or ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license by filing an affidavit 359, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the setting forth the facts with the county clerk of the county in which the license was issued [FC 360, 510].license was issued [FC 360, 510].

The duplicate license may only be issued within one year of the The duplicate license may only be issued within one year of the issuance date on the original license, and must be registered within issuance date on the original license, and must be registered within one year of the issuance date shown on the original license. one year of the issuance date shown on the original license. NOTE: NOTE: The issuance date on the duplicate license will be the same as the The issuance date on the duplicate license will be the same as the issuance date on the original license, just be sure it’s registered issuance date on the original license, just be sure it’s registered prior to one year of the date shown in Field 25A on the marriage prior to one year of the date shown in Field 25A on the marriage license.license.

The County Clerk may charge a fee to cover the actual cost of The County Clerk may charge a fee to cover the actual cost of issuing a duplicate marriage licenseissuing a duplicate marriage license..

7575

Questions:Questions: If a duplicate license is needed and the If a duplicate license is needed and the

couple noticed there was an error on the couple noticed there was an error on the original license. Can you correct the original license. Can you correct the error when you issue the duplicate error when you issue the duplicate license?license?

Must the officiant be physically present Must the officiant be physically present in your office to purchase a duplicate in your office to purchase a duplicate license?license?

7676

Procedures for issuing duplicate license:Upon presentation of an affidavit by the Officiant setting forth all the facts and payment is accepted, a duplicate license may be issued to the person who solemnized the marriage when the original certificate has been lost, destroyed, or is unacceptable for registration, e.g., registered in wrong county, illegible, whiteout, erasures, etc.The affidavit is to be filed with the County Clerk of the county in which the license was issued. When the affidavit is completed and signed, issue the duplicate license from the information contained in the affidavit. If your system doesn’t automatically include the word “Duplicate” at the top of the license, type “DUPLICATE” at the top of the license directly above or in front of the title of the form.

Signatures

7777

Procedures for issuing duplicate license (cont’d):

The only signature required is that of the person who solemnized the marriage. If present at the time of issuance, the parties to the marriage, and witness may sign the duplicate license. However when the parties to the marriage, and witness are not present, their names are to be typed as follows:

Example:

23. Signature of First Person 24. Signature of Second Person /s/ Julio Iglesias /s/ Maria Aguilera

NOTE: The witness’ name is to be entered in the same manner in the appropriate space.

7878

Special Circumstances

If one party to the marriage is deceased a duplicate marriage license may be issued to the person who solemnized the marriage, on behalf of the surviving spouse, within one year from the date the license was issued.

A Court Order Delayed Certificate of Marriage (VS 122) is required in any of the following situations:

More than one year has passed since the date of marriage

OR

Both parties to the marriage are deceased

OR

The person who solemnized the marriage is deceased

7979

Amendments to Amendments to Marriage Marriage

CertificatesCertificates

8080

General Information General Information RequirementsRequirements

Refer to Health & Safety Code Refer to Health & Safety Code sections sections 103225-103305 for 103225-103305 for statutory provisions regarding amendments to vital recordsstatutory provisions regarding amendments to vital records

Complete form VS 24C “Affidavit to Amend a Marriage Record”Complete form VS 24C “Affidavit to Amend a Marriage Record”

Typed or written inTyped or written in BLACK INK ONLY!BLACK INK ONLY!

If a license has been issued incorrectly due to a clerical error in If a license has been issued incorrectly due to a clerical error in the new name field, an amendment may be prepared in order to the new name field, an amendment may be prepared in order to correct the error. The amendment must be signed by one of the correct the error. The amendment must be signed by one of the parties to the marriage and the County Clerk or his or her deputy, parties to the marriage and the County Clerk or his or her deputy, and the reason for the amendment must be listed as correcting a and the reason for the amendment must be listed as correcting a clerical error. clerical error.

A clerical error is when the information shown on the marriage A clerical error is when the information shown on the marriage license differs from that shown on the license differs from that shown on the application application for a marriage for a marriage license.license.

8181

Question:Question:

A couple comes into your office to A couple comes into your office to purchase a marriage license, the purchase a marriage license, the next day they decide they do not like next day they decide they do not like the name they picked in the new the name they picked in the new name field. Is this considered a name field. Is this considered a “Clerical Error”? Can it be amended?“Clerical Error”? Can it be amended?

8282

General Information General Information RequirementsRequirements

(cont’d)(cont’d) Affidavit must state necessary Affidavit must state necessary

correctioncorrection

Must be supported by affidavit of one Must be supported by affidavit of one other credible partyother credible party

Signatures may NOT be correctedSignatures may NOT be corrected

Special requirements for date or place Special requirements for date or place of marriage correctionsof marriage corrections

8383

General Information Requirements General Information Requirements (cont’d)(cont’d)

Corrections changing identity of one or both of Corrections changing identity of one or both of the parties to the marriage are NOT acceptable the parties to the marriage are NOT acceptable

Local registrar processes amendments ONLY Local registrar processes amendments ONLY when the original certificate is still in the when the original certificate is still in the Recorder’s Office (or County Clerk’s Office for Recorder’s Office (or County Clerk’s Office for confidentialconfidential marriages). marriages).

H & S Code section 102355 requires the H & S Code section 102355 requires the Recorder transmit the original marriage Recorder transmit the original marriage certificates to the State Registrar not less than certificates to the State Registrar not less than quarterly.quarterly.

Amendments received after certificate has been Amendments received after certificate has been sent to the state will be referred to CDPH–VR.sent to the state will be referred to CDPH–VR.

8484

Application to Amend a Application to Amend a RecordRecord

Person asserting error must apply for Person asserting error must apply for an affidavit to amend the record.an affidavit to amend the record.

If If within one yearwithin one year of the event, there of the event, there is no processing fee.is no processing fee.

If If more than one yearmore than one year after event, after event, there is a filing fee.there is a filing fee.

Affidavit is attached to certificate and Affidavit is attached to certificate and is part of original record.is part of original record.

8585

Completing theCompleting theAffidavit to Amend a Affidavit to Amend a

Marriage RecordMarriage Record [Form VS 24(C)] [Form VS 24(C)]

8686

Completing the VS 24(C)Completing the VS 24(C)

Check the appropriate box to Check the appropriate box to indicate type of marriage record indicate type of marriage record (public, confidential, declared, etc.)(public, confidential, declared, etc.)

Enter the certificate number, exactly Enter the certificate number, exactly as it appears on the original as it appears on the original certificate, in the space providedcertificate, in the space provided

The VS 24(C) has The VS 24(C) has two sectionstwo sections::

8787

VS 24(C) – Part IVS 24(C) – Part I

Personal information about parties to Personal information about parties to the marriagethe marriage

Does Does notnot change the information on change the information on the original recordthe original record

All information entered in Part I All information entered in Part I must must be identicalbe identical to the original record to the original record

INFORMATION TO LOCATE INFORMATION TO LOCATE RECORDRECORD

8888

Item 5: enter certificate item numbers to Item 5: enter certificate item numbers to be corrected (one item per line)be corrected (one item per line)

Item 6: enter Item 6: enter incorrect incorrect informationinformation(as it (as it appears on originalappears on original record) record)

Item 7: enter Item 7: enter correctcorrect information information(as it (as it should appearshould appear))

Item 8: briefly state reason for correction –Item 8: briefly state reason for correction –do not leave blankdo not leave blank

STATEMENT OF CORRECTIONSSTATEMENT OF CORRECTIONS

VS 24(C) – Part IIVS 24(C) – Part II

8989

Items 9A and 10DItems 9A and 10D

Two persons having knowledge of the facts Two persons having knowledge of the facts must complete supporting affidavits (e.g., must complete supporting affidavits (e.g., parties to the marriage)parties to the marriage)

Two signatures are requiredTwo signatures are required

When correcting the When correcting the date or place of date or place of marriagemarriage, marriage officiant must sign as , marriage officiant must sign as one of the parties attesting to the one of the parties attesting to the amendmentamendment

AFFIDAVITS & SIGNATURESAFFIDAVITS & SIGNATURESVS 24(C) – “Part II”VS 24(C) – “Part II”

9090

If the amendment is processed at the If the amendment is processed at the county level:county level:

Item 11: signature stamp of local Item 11: signature stamp of local registrar and original signature of registrar and original signature of authorized deputyauthorized deputy

Item 12: date the amendment was Item 12: date the amendment was accepted for registrationaccepted for registration

STATE & LOCAL REGISTRAR USE STATE & LOCAL REGISTRAR USE ONLYONLY

VS 24(C)VS 24(C)

9191

Amendments to add Amendments to add AKAAKA

9292

Amendments to Add AKA Amendments to Add AKA AKA stands for AKA stands for AAlso lso KKnown nown AAss

AKA may be added to marriage record by AKA may be added to marriage record by completing form VS 24(C)completing form VS 24(C) Item 5: list all three name items (1A, 1B, 1C Item 5: list all three name items (1A, 1B, 1C

and or 12A, 12B, 12C)and or 12A, 12B, 12C)

Item 6: Item 6: all three name itemsall three name items as they appear on as they appear on original certificateoriginal certificate

Item 7: Item 7: all three name itemsall three name items as they appear on as they appear on original certificate again – go down one line original certificate again – go down one line and in Item 7 again enter AKA and their full aka and in Item 7 again enter AKA and their full aka name (even when AKA is one name only).name (even when AKA is one name only).

9393

Question:Question:

A duplicate has to be issued and the A duplicate has to be issued and the couple wants to change the order of couple wants to change the order of their new last name, can you their new last name, can you accommodate their request with a accommodate their request with a duplicate? duplicate?

9494

Certified Copies Certified Copies of Marriage of Marriage CertificatesCertificates

9595

Certified Copies ofCertified Copies ofPublicPublic Marriage Certificates Marriage Certificates

AB 130 makes the process for requesting an authorized certified AB 130 makes the process for requesting an authorized certified copy of a marriage certificates consistent with the requirements copy of a marriage certificates consistent with the requirements for authorized certified copies of birth and death certificates.for authorized certified copies of birth and death certificates.

Requires all applicants requesting an authorized certified copy to Requires all applicants requesting an authorized certified copy to complete an application which includes a sworn statement signed complete an application which includes a sworn statement signed under penalty of perjury.under penalty of perjury.

Requests for an authorized certified copy received via mail or fax Requests for an authorized certified copy received via mail or fax must have the sworn statement completed and also be must have the sworn statement completed and also be acknowledged by a notary public.acknowledged by a notary public.

Requester must identify: Requester must identify: Name of registrantsName of registrants Date of eventDate of event County of eventCounty of event

Note:Note: If no record is found, the fee is retained [HS 103650] and If no record is found, the fee is retained [HS 103650] and requester is issued a Certification of No Recordrequester is issued a Certification of No Record

9696

Certified Copies of Certified Copies of ConfidentialConfidential Marriage CertificatesMarriage Certificates

Copies may be obtained only by parties to the marriage. Copies may be obtained only by parties to the marriage. Anyone else requesting a copy would need to obtain a court Anyone else requesting a copy would need to obtain a court order order

Requires all applicants requesting a certified copy to complete Requires all applicants requesting a certified copy to complete an application which includes a sworn statement signed under an application which includes a sworn statement signed under penalty of perjury.penalty of perjury.

Requests for a certified copy received via mail or fax must Requests for a certified copy received via mail or fax must have the sworn statement completed and also be have the sworn statement completed and also be acknowledged by a notary public.acknowledged by a notary public.

You cannot issue an “informational” copy of a confidential You cannot issue an “informational” copy of a confidential marriage certificate.marriage certificate.

9797

Certified Copies of Certified Copies of ConfidentialConfidential Marriage Certificates (cont’d) Marriage Certificates (cont’d)

Parties to the marriageParties to the marriage may obtain a certified copy in any of the may obtain a certified copy in any of the following ways:following ways:

Appearing in person at the office of the County Clerk where the Appearing in person at the office of the County Clerk where the certificate is filed, providing proper ID, and paying the required feecertificate is filed, providing proper ID, and paying the required fee

Appearing before a Notary Public or County Clerk in his/her county Appearing before a Notary Public or County Clerk in his/her county of residence with proper ID and obtaining a certificate attesting to of residence with proper ID and obtaining a certificate attesting to his/her identity. his/her identity. That certificate along with a request for certified That certificate along with a request for certified copy, signed sworn statement and the proper fee should be mailed copy, signed sworn statement and the proper fee should be mailed to the County Clerk where the certificate is filedto the County Clerk where the certificate is filed

Entering a request on-line, with a signed sworn statement, having Entering a request on-line, with a signed sworn statement, having their signature acknowledged by a notary public and faxing the their signature acknowledged by a notary public and faxing the request to the County Clerk in the county where the certificate is request to the County Clerk in the county where the certificate is filedfiled

9898

Certified Copies of Certified Copies of ConfidentialConfidential Marriage Certificates (cont’d)Marriage Certificates (cont’d)

Persons other than the parties to the Persons other than the parties to the marriagemarriage may obtain a written may obtain a written acknowledgment that a marriage took place – acknowledgment that a marriage took place – acknowledgment is certified and presented in acknowledgment is certified and presented in the form developed by the County Clerkthe form developed by the County Clerk

Upon receipt of the current fee, the County Upon receipt of the current fee, the County Clerk conducts a search to confirm the Clerk conducts a search to confirm the existence of a marriageexistence of a marriage

The date of the marriage and any other The date of the marriage and any other information contained in the certificate information contained in the certificate may may not be disclosed except upon court ordernot be disclosed except upon court order

9999

Question:Question: A mother comes into your office and A mother comes into your office and

gives you a notarized copy appointing gives you a notarized copy appointing her “Power of Attorney over her her “Power of Attorney over her daughter’s affairs. She would like a daughter’s affairs. She would like a certified copy of her daughter’s certified copy of her daughter’s confidential marriage certificate. Can confidential marriage certificate. Can you provide the mother a certified copy you provide the mother a certified copy of the confidential marriage certificate?of the confidential marriage certificate?

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Sealing Notices Sealing Notices Issued by CDPH-VR (VS 43)Issued by CDPH-VR (VS 43)

Administrative action based on Administrative action based on documented fraudulent or erroneous documented fraudulent or erroneous filingsfilings

Upon receipt of such notice, local Upon receipt of such notice, local registrars must:registrars must:

Remove all copies, microfilm, computer Remove all copies, microfilm, computer entries and index informationentries and index information

Insert Sealing Notice in place of the original Insert Sealing Notice in place of the original documentdocument

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INFORMATIONAL COPIESINFORMATIONAL COPIES

Informational marriage copies will Informational marriage copies will not be issued through VRIRSA.not be issued through VRIRSA.

Informational marriage copies do not Informational marriage copies do not require the sworn statement or require the sworn statement or notary acknowledgment.notary acknowledgment.

An informational copy cannot be An informational copy cannot be issued on a confidential marriage issued on a confidential marriage certificate.certificate.

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This concludes the Marriage License Session

of theVitals/County Clerk Workshop