HB245 By Representative Fridy RFD Judiciary Rd 1 13-FEB-20

SYNOPSIS: Under existing law, the only requirement to solemnize a marriage is to submit an affidavit with certain identifying information and record the affidavit with the judge of probate within 30 days of the last signature on the affidavit.

This bill would provide that members of certain churches, religious organizations, or societies may continue their traditional practices relating to the solemnization of marriage in conjunction with the documentation required under existing law.

This bill would also provide that copies of recorded marriage documentation constitute a legal record of a marriage under certain conditions, and that under these conditions, recording marriage documentation with the judge of probate would optional.

A BILL TO BE ENTITLED AN ACT

Relating to marriage; to amend Act 2019-340, 2019 Regular Session, now appearing as Section 30-1-9.1, Code of Alabama 1975; to provide that members of certain churches, religious organizations, or societies may continue their traditional practices relating to the solemnization of marriage without being required to record marriage documentation with the judge of probate; and to provide that copies of recorded marriage documentation constitute a legal record of a marriage under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Act 2019-340, 2019 Regular Session, now appearing as Section 30-1-9.1, Code of Alabama 1975, is amended to read as follows:

§30-1-9.1.

"(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed as provided in that section.

"(b) The marriage document required to be executed by the parties shall contain information to identify the parties as set forth in Section 22-9A-6, as well as the following minimum information:

"(1) The full legal names of both of the parties.

"(2) A notarized affidavit from each party declaring all of the following:

"a. The affiant is not currently married.

"b.1. The affiant is at least 18 years of age; or

"2. The affiant is at least 16 and under 18 years of age and has the consent of a parent or guardian.

"c. The affiant is legally competent to enter into a marriage.

"d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3.

"e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence.

"(3) The signatures of the parties.

"(c)(1) Except as otherwise provided in subdivision (2), a A marriage conforming to the requirements of this section shall be valid on the date the marriage is executed by both parties, provided the affidavits, forms, and data are recorded in the office of the judge of probate within 30 days of the date of the last party's signature in accordance with Section 22-9A-17.

"(2) Notwithstanding subdivision (1) and Section 22-9A-17, members of churches and other religious organizations or societies referenced in Section 30-1-7 may continue their traditional marriage solemnization practices, provided both parties entering into the marriage exchange copies of all the documentation otherwise required by this subsection. Copies of the documentation shall constitute a legal record of the marriage of the parties.

"(d) A civil and independent or religious ceremony of marriage, celebration of marriage, solemnization of marriage, or any other officiation, or administration of the vows of marriage may be conducted or engaged in by the parties by an officiant or other presiding person to be selected by the persons entering into the marriage. The state shall have no requirement for any ceremony or proceeding and whether or not a ceremony or proceeding is performed or not performed shall have no legal effect on the validity of the marriage.

"(e) The affidavits, forms, and data shall be filed in the office of the judge of probate and shall constitute a legal record of the marriage of the parties. A copy of the form provided by the Office of Vital Statistics shall be transmitted by the office of the judge of probate to the Office of Vital Statistics and made a part of its record.

"(f) This section shall not affect any other legal aspects of marriage in this state, including, but not limited to, divorce, spousal support, child custody, or child support.

"(g) All requirements to obtain a marriage license by the State of Alabama are abolished and repealed. The requirement of a ceremony of marriage to solemnize the marriage is abolished.

"(h) The Alabama Law Institute, a division of the Legislative Services Agency, in collaboration with the Department of Public Health, shall prepare a form to meet the minimum requirements of Act 2019-340.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Marriage

Religion

Judge, Probate

Code Amended