La. Admin. Code tit. 48 § V-12501

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-12501 - Requirement for Obtaining a License to Marry in New Orleans, Louisiana

A. An application for license may be made by either party, (both parties need not be present.). One of the applicants must be a resident of Orleans parish or the marriage ceremony must be performed in Orleans Parish in accordance with R.S. 9:222.

B. A 72-hour waiting period is required by R.S. 9:241 between time of issuance of license and the ceremony. Permission to waive waiting period may be granted by a judge of the First City Court and must be attached to the returned license.

C. As required by R.S. 9:225, certified copies of birth records shall be presented for both parties. (This requirement may be waived by a judge of the First City Court for those born outside Louisiana.) The certified copies of birth certificates shall be issued by the proper vital statistics registration authority of the cities, states, or countries of birth. The raised seals or stamps of the agencies or authorities issuing the certificates must be fixed thereto.

D. Marriage between a male and female under age 18 is prohibited by R.S. 9:211, unless as specified below. Applicants over the age of 16 but less than 18 will need the signed consent of both parents or an order from a judge of juvenile court. Females under age 16 will be issued a license only upon the written order of the juvenile court judge.

E. If either party has been divorced, a certified copy of the final decree of divorce shall be presented to the issuing officer. See C.C. Art 93.

F. A certified copy of a death certificate shall be presented when a widow or widower is applying for a license to marry. See C.C. Art. 93.

G. A marriage license expires and becomes invalid 30 days after date issued as set forth in R. S. 9:235. An expired marriage license may be reissued upon request of the original expired license by the Vital Records Office. See R.S. 9:236.

H. Prior to the issuance of a marriage license, the statutory fees set forth in the Louisiana Reviews Statutes shall be paid by the applicant(s). Such payment may be made by cash, check or money order.

La. Admin. Code tit. 48, § V-12501

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, LR 15:474 (June 1989).

AUTHORITY NOTE: Promulgated in accordance with R.S. 9:203, R.S. 9:206, R.S. 9:208, R.S. 9:241, R.S. 9:242, R.S. 40:40, and La. Civ. Code. Art. 93 and 100.