Fifth Annual Vitals County Clerk Staff Workshop MARRIAGES 2011

Fifth Annual Vitals/County Clerk Staff Workshop MARRIAGES 2011 1

DISCLAIMER / WARNING This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local county counsel opinions. No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without the full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work. 2

Marriage Licenses, Certificates, Ceremonies and More…. 3

County Clerk Ø Issues marriage licenses registrar of confidential marriages [FC 401] Ø Local Ø Maintains permanent index 4

Marriage Officiant Ø Ø Performs ceremony (solemnizes the marriage) Completes marriage license Returns public license to County Recorder’s office for registration Returns confidential license to County Clerk’s office for registration 5

County Recorder Ø Ø Ø Local registrar of public marriages [HS 102285 & 102295] Required to verify an acceptable certificate is filed for each marriage Transmit to the state office not less than quarterly [HS 102355] 6

California Marriage Licenses & Forms 7

There are four types of marriage licenses issued by the County Clerk in California: Ø License & Certificate of Marriage (Public - VS 117) Ø Confidential License & Certificate of Marriage (VS 123) Ø License & Certificate of Declaration of Marriage (VS 116) Ø License and Certificate of Marriage for Denominations Not Having Clergy (VS 115) A petition to establish the fact of marriage, order establishing those facts and issuance of a court ordered delayed certificate of marriage are done through Superior Court (VS 122) 8

Power of Attorney for members of the United States Armed Forces stationed overseas and serving in a conflict or a war: Ø Ø Ø 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 appear in person to obtain the marriage license and/or have their marriage solemnized. The power of attorney must be signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. The power of attorney shall state the true legal names of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage. The original power of attorney shall be part of the marriage certificate upon registration and is issued with certified copies as a second page similar to an amendment. 9

Affidavit of Inability to Appear Form: Ø This may be used if for sufficient reason one or both parties cannot physically appear together to apply for the marriage license [FC 426, 502]. Ø Specifies sufficient reason includes: Proof of hospitalization n Incarceration n Other reason proved to the satisfaction of the County Clerk n 10

Affidavit of Inability to Appear Form (cont’d): Ø Ø Can be used for either a public or confidential marriage license (FC 426, 502) Requires the signature of the party who is unable to physically appear be authenticated by a court or notary public Requires the affidavit be executed and signed under penalty of perjury by all parties (first person, second person, and person solemnizing the marriage) Requires the person solemnizing the marriage physically present the completed affidavit to the County Clerk explaining the reason for the inability to appear Ø n 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 person solemnizing the marriage to have the marriage license issued NOTE: GC 8224(a) prohibits the notary public who has authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk’s Office from also being the person solemnizing this marriage. 11

Issuing a Marriage License 12

Ø Parties need to be physically present in your office at the same time in order to purchase a marriage license n Ø Unless they are applying for a marriage license using an Affidavit of Inability to Appear Form Both need to be 18 years of age or older, and have authentic photo identification acceptable to the County Clerk n Persons under the age of 18 must have parental consent and apply to Superior Court for an order authorizing the issuance of a marriage license. A certified copy of the order must be presented to the County Clerk when the marriage license is issued. 13

n Ø A credible witness affidavit may be used in lieu of authentic photo identification. The credible witness must be at least 18 years of age, be of sound mind, and know the person whom they are identifying. It is up to the County Clerk whether or not they will accept a credible witness affidavit. Parties must be getting married in California, within 90 days of the date the marriage license is issued. n n If a confidential marriage license is issued, the parties must be getting married in the county where the marriage license is issued. Parties who are applying for a License and Certificate of Declaration of Marriage are declaring the facts of their marriage that occurred more than one year ago. 14

n Question: v. A 16 year old emancipated minor comes into your office and wants to apply for a marriage license. She states she doesn’t need parental consent since she was emancipated through Superior Court. Can you issue the marriage license? 15

Ø Complete and issue the marriage license using the information provided by the parties in their application as follows: NAMES OF BOTH PARTIES (Fields 1 A-1 D & 12 A-12 D) Ø Must be full legal name as shown on their birth certificate, adoption decree, court ordered name change or naturalization certificate n An assumed last name may be entered in fields 1 C or 12 C as applicable – however their legal last name must be entered in fields 1 D or 12 D as applicable 16

n Question: v. A couple comes into your office to purchase a marriage license. One of the parties names on their birth certificate is listed as “Baby Girl” in the first and middle name fields. Her driver’s license and social security card correctly reflect the first and middle names she’s used all her life. How should her name be listed on the marriage license? 17

DATE OF BIRTH (Fields 2 & 13) Ø Enter the parties dates of birth STATE/COUNTRY OF BIRTH (Fields 3 & 14) Ø Enter the birthplace using the standard two letter abbreviation 18

n Question: v. A couple comes into your office to purchase a marriage license. You notice the year of birth on the driver’s license for one of the applicants is different than what’s shown on their marriage application. The customer tells you the DMV made a mistake and they have never gone back to correct it. What date should you put on the marriage license? 19

PREVIOUS MARRIAGES/SRDP (Fields 4 & 15) Ø Enter the number of previous marriage and/or Terminated State Registered Domestic Partnerships (SRDP) Ø Note: Marriages that were terminated by an annulment must be listed as a previous marriage LAST MARRIAGE ENDED BY (Fields 5 A &16 A) Ø Enter how the LAST marriage ended DATE ENDED (Fields 5 B & 16 B) Ø Enter the month/day/century and year the LAST marriage ended. If no previous marriages enter two dashes (--) 20

n Question: v. A couple comes into your office to purchase a marriage license. One of the parties had a previous marriage that ended by divorce. The final date of the divorce will be before the marriage ceremony, but is after the date they are in your office applying for the marriage license. Can you issue the license since the divorce will be final before they have their ceremony? 21

ADDRESS (Fields 6 -9 & 17 -20) Ø Enter the full street address including city, state and zip where the applicants usually reside Ø If the place where the applicant resides has no number or street address, enter a physical description of a location, e. g. , “four miles south of Sutter Creek” Ø If they prefer, applicants may use a business address, a U. S. P. O. Box, or temporary residence address being used during a visit or while on vacation. 22

n Question: v If one or both of the applicant’s are homeless and living in their car, or under a bridge, how would you list their address on the marriage license? 23

FULL BIRTH NAME OF PARENTS (Fields 10 A, 11 A, 21 A & 22 A) Ø Enter the full birth name of the applicant’s father/parent and mother/parent ØA dash or “unknown” is acceptable for a father/parent’s full name if there is no father/parent listed on the applicant’s birth certificate Ø /parent was added to all vital record forms based on GC 14771(14) which states all forms have to be gender neutral Ø Entries for parents’ names are to reflect parents by birth or adoption. Only if the step-parent legally adopted the individual is the step-parent’s name to be entered Ø A middle initial may be entered when there is not sufficient space to fit the full first, middle and last name of the parent 24

n Questions: v If the parents are a same gender couple, how do you enter their names on the marriage license? v One of the applicant’s has “Jr” after their last name on the marriage license. In the field for their father’s name, they’ve listed “Sr”. Is this acceptable? 25

STATE/COUNTRY OF BIRTH FOR BOTH PARENTS (Fields 10 B, 11 B, 21 B & 22 B) Ø Enter the birthplace of each parent using the standard two letter abbreviation Ø “Unknown” is an acceptable entry if the parent’s birthplace is not known 26

NEW MIDDLE AND LAST NAME (Fields 30 A thru 31 C) A person may adopt any of the following middle names: n The current last name of the other spouse n The last name of either spouse given at birth n A hyphenated combination of the current middle name and current last name of the person or spouse n A hyphenated combination of the current middle name and the last name given at birth of the person or spouse A person may adopt any of the following last names: n The current last name of either spouse n The last name of either spouse given at birth n 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 birth n A hyphenated combination of last names 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 1 C, 1 D, 12 C, 12 D). 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 current 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 (-) between the names. This should be decided by the party wishing to hyphenate their name. 27

NEW MIDDLE AND LAST NAME (cont’d) (Fields 30 A thru 31 C) NOTE: The law does not allow someone to drop their existing middle 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 in 1 B or 12 B, there MUST BE an entry in 30 B or 31 B, either the existing middle name or a new middle name. n When a party adopts a new middle name – the middle name shown in field 1 B or 12 B as applicable can be part of the new middle name. The new middle name is placed in either 30 B or 31 B. n Segments of a name are not acceptable in the middle name fields. n When a party to a marriage adopts a new middle and/or last name, all name fields in the area entitled “New Names” for that party must be completed. n 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 current middle name shown in field 1 B or 12 B, and they are not adopting a new middle name. n If a party is adopting a new last name, the last name may only be taken from, or be a segment or hyphenation of, the last names shown in fields 1 C, 1 D, 12 C or 12 D. n 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 (--). n Hyphenated middle and/or last names may or may not include an actual hyphen (-) between the names. This should be decided by the party wishing to hyphenate their name. n Contact your Policy Analyst at CDPH-VR with any questions. 28

AFFIDAVIT Ø Both parties must declare under penalty of perjury that the facts of the marriage license are true and correct, they are unmarried, there is no legal objection to the marriage, and they acknowledge receipt of the brochure as listed in Family Code Section 358 Ø Some counties require the applicants to raise their right hand read the affidavit out loud – or they read the affidavit to the couple. There is no legal requirement that the couple raise their right hand read the oath out loud…however, the clerk issuing the marriage license must in some way affirm the parties are declaring the information under penalty of perjury 29

SIGNATURE OF APPLICANTS (Fields 23 & 24) Ø Applicants sign the marriage license in permanent ink using their normal or usual signature. Ø Their signature may not necessarily agree with the legal name entered in the name fields 30

Signatures that are made with a mark (X): Any signature made with a mark (X) must be identified with the statement. “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 applicable “X” “First (or Second) Person’s Mark” Witness: Jane Doe Signature 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 31

Ø Issuing the marriage license n License to marry section Point out expiration date in field 25 B when issuing the marriage license n Explain at least one witness is required for public license and no more than two can sign on the license n Give original license and officiant instructions and advise couple to give packet to the person performing their ceremony n 32

Confidential Marriage Licenses 33

General Information n Policy originated around 1877 n Called “church marriages” because historically the record was filed with the church n n State had no role in the system until 1970 when a series of legislative changes were directed at aligning the requirements of confidential marriages with those of public marriages Law changed in 1985 requiring the confidential license may only be used in the county in which it was issued. Prior to that time, the code was silent on where the confidential license could be used so older records may show a confidential marriage performed in a county other than the county where the license was issued. (Ch 149 Statutes of 1984 (amended Civil Code Section 4312(b)) 34

General Information (cont’d) n n County Clerk or local official prepares “License and Certificate of Confidential Marriage” [VS 123] Not available to members of religious denominations not having clergy 35

Confidential Marriage License Rules n n n Only used when applicants have been living together as spouses Both public and confidential marriage licenses may be amended [HS 103225 -103255] Confidential ceremony requires three people: unmarried male, unmarried female, and person solemnizing marriage (no witness required) 36

Confidential Marriage License Rules (cont’d) n n n Certificates filed and maintained by the County Clerk May not be issued for Attorney-in-Fact marriages [FC 420 (b)] Parties attest under penalty of perjury that they are living together as spouses 37

License and Certificate of Confidential Marriage n License becomes confidential after marriage is solemnized n n n Record is held confidential – not for public viewing County Clerk may only indicate if there is a record of the marriage Court order is required to release the date or any other facts contained in the certificate 38

Confidential Marriage Licenses Issued to Authorized Notaries 39

AUTHORIZED NOTARIES n n n Fee to file an application and a renewal is $300 Renewed annually Must be filed in the County where the notary resides Notary must successfully complete a mandatory maximum of six hours of instruction given by the County Clerk in the county where they are 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. 40

AUTHORIZED NOTARIES (cont’d) n Secretary of State suggests you contact your County Counsel or District Attorney for guidance if you have a question as to whether or not GC 8224(a) prohibits the notary public who has acknowledged the signature of the parties to the marriage from also being the person solemnizing this marriage. n GC 8224. A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. 41

Marriage Ceremonies 42

General Information n n California State Law does not require persons performing marriages to file credentials with the Clerk of the Court County and State are not responsible for verification of credentials The State does not maintain central registry of clergy members Verification is at the discretion of the parties to the marriage 43

Who can perform ceremonies? n Persons over the age of 18, authorized to solemnize marriage ceremonies in California are as follows [FC 400]: n A priest, minister, or rabbi of any religious denomination. n n Note: Captains of the Salvation Army; and a religious leader or shaman are authorized to perform marriages in California A judge or retired judge, commissioner, retired commissioner or assistant commissioner of a court of record in California. n NOTE: Out of State judges are not authorized to perform marriages in California n A judge or magistrate who has resigned from office n Any of the following judges or magistrates of the United States: n n A judge or retired judge of a bankruptcy court or a tax court n n 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 behavior n n A Justice or retired justice of the United States Supreme Court A United States magistrate or a retired magistrate A California legislator or constitutional officer, or a member of Congress representing a district within this state while that person holds office 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 and review from the county clerk all available instructions for marriage solemnization before the mayor first solemnizes a marriage. 44

Officiant Requirements n n n Must know the California laws regarding performance of a marriage ceremony and the requirements for officiants Must review the marriage license prior to solemnizing the marriage Note: Any person who solemnizes a marriage without first reviewing the license is guilty of a misdemeanor [Penal Code 360] 45

Officiant Requirements (cont’d) n n Must complete the marriage license and obtain the signature of a witness [FC 422] Must return the completed original marriage license to the issuing County Recorder (or County Clerk for confidential licenses) within 10 days of the ceremony Note: If a license is lost, damaged, or destroyed, before a marriage ceremony takes place, the applicants must purchase a new marriage license and the old license shall be void. [FC 360 (d), 510 (d)] Must cooperate with state or local officials by replying promptly to inquiries concerning any entry on the license. 46

n Question: v Does the marriage officiant have to review the marriage license prior to solemnizing the marriage? 47

Form of Marriage Ceremony n According to Family Code § 420, a public marriage (VS 117) in California requires n Minimum of 4 people [FC 420]: An unmarried male n An unmarried female n A person solemnizing the marriage n At least one witness n n Parties must declare, in the physical presence of the person solemnizing the marriage and the necessary witnesses, that they take each other as husband wife (spouse) 48

Certification of Person Solemnizing Marriage n n After the marriage is solemnized, the officiant must complete the certification portion of the marriage license On the VS-115 and VS 116 forms, the parties to the marriage complete the certification portion 49

Certification of Person Solemnizing Marriage (cont’d) n Fields 28 A – 28 C: n n Enter month, day and year of ceremony in field 28 A– date must be on/after issue date shown in field 25 A and not later than expiration date shown in field 25 B. Enter name of city and county where the event took place in field 28 B-C – do not list landmark name and do not leave blank Fields 29 A – 29 E n Officiant signs his/her name in field 29 A n Note: Only one entry is allowed in this box 50

Certification of Person Solemnizing Marriage (cont’d) n The denomination or religious affiliation of the priest, minister or rabbi (if clergy) must be entered in field 29 B n Note: For judge, magistrate, nondenominational ministers, or commissioner of civil marriages officiants, enter a dash (“–”) or “N/A”. Only one entry is allowed in this box 51

Certification of Person Solemnizing Marriage (cont’d) n n n Printed, stamped or typed name of the primary officiant (one entry only) in field 29 C Official title of the person solemnizing the marriage (should be title that gives him/her authority under California law) in field 29 D Complete mailing address of officiant, including zip code in field 29 E n Note: If using Zip + 4, enter 9 -digit number without the dash (“–”) 52

Certification of Person Solemnizing Marriage (cont’d) n Marriage officiant must return the certificate to the county recorder within 10 days of the ceremony [FC 423] n Note: Certificate may be accepted for registration after 10 days; however, if more than one year from the date of the event has passed, the marriage must be recorded either by declaration (VS 116) or by court order (VS 122). 53

Commissioner for One-Day Family 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. 54

Volunteers n Sacramento County has volunteers that work in the marriage unit to: n n n Issue marriage license Perform marriage ceremonies during the work week Perform marriage ceremonies on weekends for couples throughout Sacramento County 55

Volunteers (cont’d) n n n Sacramento County volunteers earn the prescribed deputy commissioner fees for weekend and holiday ceremonies They work the busiest days in the office and look forward to Valentine’s Day It is at the discretion of each county to determine the need for volunteers and how best to utilize them 56

Language n n It is at the discretion of each county to determine if they want to provide marriage vows, applications and/or handouts in different languages Sacramento County offers marriage vows in English, Spanish and Russian. Sonoma County performs ceremonies in English or Spanish 57

Fundamentals Ø Ø Registration is a state and local function Both public and confidential marriages are registered California Family Code provides for a continuous and permanent registration system System is dependent on officiants certifying records 58

Reviewing the Marriage License for Registration 59

Reviewing the License for Registration n After receiving the license from the marriage officiant [FC 400 -402], the County Recorder reviews the document prior to acceptance, verifying the following information is completed: n n The marriage was licensed and solemnized in California The license was issued in the same county it is being registered. Note: Confidential marriages must take place in the county where the license is issued 60

Reviewing the License for Registration (cont’d) n n Is the information complete and in compliance with state marriage laws? Was the marriage license issued and solemnized in California? n Was it issued in your county? n Was the license valid on date of marriage? 61

Reviewing the License for Registration (cont’d) n n Is the marriage date, city and county on the license? Did the parties to the marriage sign in fields 23 & 24? Did the witness sign and provide address? Did the officiant complete their portion? 62

Reviewing the License for Registration (cont’d) n If the license is not acceptable, the county Recorder will contact the couple and/or the person who performed the ceremony to inform them of the problem and how it may be corrected: n Duplicate n Declaration n Court Order 63

Reviewing the License for Registration (cont’d) n n n If the license is acceptable, sign and register the marriage event Transmit the competed original marriage certificate to CDPH-VR on or before the 5 th day of each month, to not less than quarterly [H & S 102355] Cooperate with the State Registrar by replying promptly to any queries concerning entries on the forms 64

n Question: v Can you accept a public marriage license for registration if one of the witnesses’ signatures has been crossed out and re-written? There is one good signature and the law only requires one witness for a public marriage license. 65

Do not register if certificate is unacceptable! Return the document to the marriage officiant with instructions on how to correct the problem! 66

Signature Preference Order of preference for the signature of local registrar is as follows: 1. Original signature 2. Facsimile signature stamp 3. Printed name stamp 4. Typed name 67

Registering a License and Certificate For Denominations Not Having Clergy n n n Must be registered by one of the parties to the marriage or witnesses within 10 days after the ceremony Certificate must be numbered, indexed, and filed with public marriage certificates The marriage must be recorded by declaration of marriage or court order if certificate is submitted more than one year from the date of the event 68

Registering a Declaration of Marriage License n n n VS 116 must be registered by the one of the parties to the marriage in person or by mail within 10 days from the date the license is issued [FC 359] VS 116 may be numbered by either the year of event or the year of registration Must be indexed by the actual year of event and batched separately by actual year of event when transmitting to California Department of Public Health – Vital Records (CDPH-VR). 69

Registering a Declaration of Marriage License (cont’d) n n Declared marriage certificates are filed with all other public marriages A declaration of marriage can be issued one year or more from the date of the California marriage that is being declared [FC 425] Note: Couples needing to declare a marriage that took place outside of California, need to do so by filing a petition in Superior Court for a Court Order Delayed Certificate of Marriage [HS 103450] When parties to the marriage are unable to meet requirements for the License and Certificate of Declaration, they may file a petition with the superior court for an order to judicially establish the fact, time, and place of the event Note: Use “Court Order Delayed Certificate of Marriage” form for these marriages. [VS 122] 70

Court Proceedings to Establish Record of Marriage n n n Petition may be filed with the Clerk of the Superior Court Petition must contain all facts necessary for the court to determine time and place of marriage [HS 103455] The order made in the form is prescribed and furnished by CDPH-VR [HS 103485] 71

Court Proceedings to Establish Record of Marriage (cont’d) n n CDPH-VR will send the Local Office Copy (LOC) to the County Recorder within the area the event occurred If the event occurred out-of-state, the LOC will be sent to the County Recorder in which the petitioner resides [HS 103485] 72

Replacement Licenses n If a marriage license is lost, damaged or destroyed before a marriage ceremony takes place, the applicants must purchase a new marriage license and the old license shall be void [FC 360]. 73

DUPLICATE LICENSES n If a marriage license is lost, damaged, or destroyed after the ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 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 license was issued [FC 360, 510]. n The duplicate license may only be issued within one year of the issuance date on the original license, and must be registered within one year of the issuance date shown on the original license. NOTE: 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 prior to one year of the date shown in Field 25 A on the marriage license. n The County Clerk may charge a fee to cover the actual cost of issuing a duplicate marriage license. 74

n Questions: v If a duplicate license is needed and the couple noticed there was an error on the original license. Can you correct the error when you issue the duplicate license? v Must the officiant be physically present in your office to purchase a duplicate license? 75

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 76

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 /s/ Julio Iglesias 24. Signature of Second Person /s/ Maria Aguilera NOTE: The witness’ name is to be entered in the same man ner in the appropriate space. 77

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: ØMore than one year has passed since the date of marriage OR ØBoth parties to the marriage are deceased OR ØThe person who solemnized the marriage is deceased 78

Amendments to Marriage Certificates 79

General Information Requirements n Refer to Health & Safety Code sections 103225 -103305 for statutory provisions regarding amendments to vital records n Complete form VS 24 C “Affidavit to Amend a Marriage Record” n Typed or written in BLACK INK ONLY! n n 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 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, and the reason for the amendment must be listed as correcting a clerical error. A clerical error is when the information shown on the marriage license differs from that shown on the application for a marriage license. 80

§ Question: v A couple comes into your office to purchase a marriage license, the next day they decide they do not like the name they picked in the new name field. Is this considered a “Clerical Error”? Can it be amended? 81

General Information Requirements (cont’d) n n Affidavit must state necessary correction Must be supported by affidavit of one other credible party Signatures may NOT be corrected Special requirements for date or place of marriage corrections 82

General Information Requirements (cont’d) n n Corrections changing identity of one or both of the parties to the marriage are NOT acceptable Local registrar processes amendments ONLY when the original certificate is still in the Recorder’s Office (or County Clerk’s Office for confidential marriages). H & S Code section 102355 requires the Recorder transmit the original marriage certificates to the State Registrar not less than quarterly. Amendments received after certificate has been sent to the state will be referred to CDPH–VR. 83

Application to Amend a Record n n Person asserting error must apply for an affidavit to amend the record. If within one year of the event, there is no processing fee. If more than one year after event, there is a filing fee. Affidavit is attached to certificate and is part of original record. 84

Completing the Affidavit to Amend a Marriage Record [Form VS 24(C)] 85

Completing the VS 24(C) n n n Check the appropriate box to indicate type of marriage record (public, confidential, declared, etc. ) Enter the certificate number, exactly as it appears on the original certificate, in the space provided The VS 24(C) has two sections: 86

VS 24(C) – Part I INFORMATION TO LOCATE RECORD n n n Personal information about parties to the marriage Does not change the information on the original record All information entered in Part I must be identical to the original record 87

VS 24(C) – Part II STATEMENT OF CORRECTIONS n n Item 5: enter certificate item numbers to be corrected (one item per line) Item 6: enter incorrect information (as it appears on original record) Item 7: enter correct information (as it should appear) Item 8: briefly state reason for correction – do not leave blank 88

VS 24(C) – “Part II” AFFIDAVITS & SIGNATURES n Items 9 A and 10 D n Two persons having knowledge of the facts must complete supporting affidavits (e. g. , parties to the marriage) n Two signatures are required correcting the date or place of marriage, marriage officiant must sign as one of the parties attesting to the amendment n When 89

VS 24(C) STATE & LOCAL REGISTRAR USE ONLY n If the amendment is processed at the county level: n n Item 11: signature stamp of local registrar and original signature of authorized deputy Item 12: date the amendment was accepted for registration 90

Amendments to add AKA 91

Amendments to Add AKA n n AKA stands for Also Known As AKA may be added to marriage record by completing form VS 24(C) n n n Item 5: list all three name items (1 A, 1 B, 1 C and or 12 A, 12 B, 12 C) Item 6: all three name items as they appear on original certificate Item 7: all three name items as they appear on original certificate again – go down one line and in Item 7 again enter AKA and their full aka name (even when AKA is one name only). 92

§ Question: v A duplicate has to be issued and the couple wants to change the order of their new last name, can you accommodate their request with a duplicate? 93

Certified Copies of Marriage Certificates 94

Certified Copies of Public Marriage Certificates n n AB 130 makes the process for requesting an authorized certified copy of a marriage certificates consistent with the requirements for authorized certified copies of birth and death certificates. Requires all applicants requesting an authorized certified copy to complete an application which includes a sworn statement signed under penalty of perjury. Requests for an authorized certified copy received via mail or fax must have the sworn statement completed and also be acknowledged by a notary public. Requester must identify: n n Date of event n n Name of registrants County of event Note: If no record is found, the fee is retained [HS 103650] and requester is issued a Certification of No Record 95

Certified Copies of Confidential Marriage Certificates n n Copies may be obtained only by parties to the marriage. Anyone else requesting a copy would need to obtain a court order Requires all applicants requesting a certified copy to complete an application which includes a sworn statement signed under penalty of perjury. Requests for a certified copy received via mail or fax must have the sworn statement completed and also be acknowledged by a notary public. You cannot issue an “informational” copy of a confidential marriage certificate. 96

Certified Copies of Confidential Marriage Certificates (cont’d) n Parties to the marriage may obtain a certified copy in any of the following ways: n n Appearing in person at the office of the County Clerk where the certificate is filed, providing proper ID, and paying the required fee Appearing before a Notary Public or County Clerk in his/her county of residence with proper ID and obtaining a certificate attesting to his/her identity. That certificate along with a request for certified copy, signed sworn statement and the proper fee should be mailed to the County Clerk where the certificate is filed n Entering a request on-line, with a signed sworn statement, having their signature acknowledged by a notary public and faxing the request to the County Clerk in the county where the certificate is filed 97

Certified Copies of Confidential Marriage Certificates (cont’d) n Persons other than the parties to the marriage may obtain a written acknowledgment that a marriage took place – acknowledgment is certified and presented in the form developed by the County Clerk n n Upon receipt of the current fee, the County Clerk conducts a search to confirm the existence of a marriage The date of the marriage and any other information contained in the certificate may not be disclosed except upon court order 98

n Question: v. A mother comes into your office and gives you a notarized copy appointing her “Power of Attorney over her daughter’s affairs. She would like a certified copy of her daughter’s confidential marriage certificate. Can you provide the mother a certified copy of the confidential marriage certificate? 99

Sealing Notices n n n Issued by CDPH-VR (VS 43) Administrative action based on documented fraudulent or erroneous filings Upon receipt of such notice, local registrars must: n n Remove all copies, microfilm, computer entries and index information Insert Sealing Notice in place of the original document 100

INFORMATIONAL COPIES n n n Informational marriage copies will not be issued through VRIRSA. Informational marriage copies do not require the sworn statement or notary acknowledgment. An informational copy cannot be issued on a confidential marriage certificate. 101

This concludes the Marriage License Session of the Vitals/County Clerk Workshop 102