N.Y. Dom. Rel. Law § 14-A

Current through 2024 NY Law Chapter 456

Section 14-A - Town and city clerks to issue certificates of marriage registration; form

1. Upon receipt of the return of the marriage license, properly endorsed and completed by the person who shall have solemnized a marriage as provided in this article, the town and city clerks of each and every town or city in the state shall, after abstracting, recording and indexing the statement of performance of solemnization, issue to the couple within fifteen days after such receipt or return of the completed marriage license a certificate of marriage, which certificate shall be substantially in the following form and contain the following facts:

Record No............of Year........

THIS IS TO CERTIFY

that ................................................................. ,

first name, premarriage middle and surname, new middle and/or surname (if applicable)

residing at .......................................................... ,

who was born on ........................., at ........................ ,

date

and .................................................................. ,

first name, premarriage middle and surname, new middle and/or surname (if applicable)

residing at .......................................................... ,

who was born ........................, at ............................ ,

date

were married on.......................at ............................. ,

date

as shown by the duly registered license and certificate of marriage of said persons on file in this office.

(SEAL) ......................................

Town or City Clerk

Dated at.................., N. Y.

.................................

No other facts contained in the affidavits, statements, consents or licenses shall be certified by such town and city clerks, unless expressly requested in writing by the man or woman named in such affidavit, license, statement or record.

2.

a. Such town and city clerks shall be entitled to a fee for such certificate, payable at the time of issuance of the marriage license, in a sum not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such cities. The town and city clerks shall, upon request of any applicant whose name appears thereon, issue a similar certificate of marriage, as set forth above, and similarly expanded with additional facts upon the express additional request, for all marriages heretofore indexed and recorded in the office of the town or city clerks. For such certificate of marriage, the town and city clerks shall be entitled to a fee not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city.

b. In addition to the foregoing, upon request of any applicant whose name appears thereon for a certificate of marriage, the town or city clerk may issue a photograph, micro-photograph or photocopy of the marriage record on file in the office of such clerk. Such photograph, micro-photograph or photocopy, when certified by the town or city clerk, shall be deemed an original record for all purposes, including introduction in evidence in all courts or administrative agencies. For such certificate of marriage and the certification thereof, the town or city clerk shall be entitled to a fee not exceeding ten dollars, to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city.

3.

a. No fee shall be charged for any certificate when required by the United States department of veterans affairs or by the department of veterans' services of the state of New York to be used in determining the eligibility of any person to participate in the benefits made available by the United States department of veterans affairs or by the state of New York.

b. A town or city may elect to waive the fee for a certificate when either of the parties making application for such certificate is a member of the armed forces of the United States on active duty.

4. A copy of the record of marriage registration when properly certified by the city and town clerks or their duly authorized deputies, as herein provided, shall be prima facie evidence of the facts therein stated and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of registration of marriage shall be accepted with the same force and effect with respect to the facts therein stated as the original certificate of marriage or certified copy thereof.

5. Upon request of any applicant whose name appears thereon for a certificate of marriage, the town or city clerk shall be authorized to correct any errors on such marriage certificate where:

a. such error was not the result of any intended fraud, deception or attempt to avoid the effect of any valid law, regulation or statute; and

b.either party to the marriage provides proof, satisfactory to the clerk, of the accuracy of the facts presented in support of correcting the error.

To effectuate such correction and provide certified copies of the amended certificate, the town or city clerk shall be entitled to a fee not exceeding ten dollars to be fixed in the case of town clerks by the town board, and in the case of city clerks by the common council or governing body of such city. The clerk shall forward a copy of such amended certificate to the commissioner of health.

N.Y. Dom. Rel. Law § 14-A

Amended by New York Laws 2022 , ch. 56, Sec. PP-3, eff. 4/1/2023.

Amended by New York Laws 2020 , ch. 78, Sec. 1, eff. 4/17/2020.

Amended by New York Laws 2019 , ch. 716, Sec. 3, eff. 12/20/2019.

Amended by New York Laws 2019 , ch. 177, Sec. 1, eff. 8/20/2019.

Amended by New York Laws 2019 , ch. 56, Sec. AA-27, eff. 4/12/2019.