GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 142*

 
 
Short Title:	Amend Marriage Statutes.	()	
Sponsors:	Representatives Sutton;  Alexander, Barefoot, Bonner, Hackney, Haire, Insko, Lucas, McAllister, Tolson, Wainwright, Weiss, Womble, and Yongue.	
Referred to:	Judiciary I.	
February 15, 2001

	A BILL TO BE ENTITLED
AN ACT TO AMEND THE MARRIAGE STATUTES TO BROADEN THE LIST OF PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES AND TO REQUIRE THAT THOSE PERSONS BE REGISTERED WITH THE SECRETARY OF STATE; TO REQUIRE JUDICIAL APPROVAL BEFORE A TWELVE- OR THIRTEEN-YEAR-OLD APPLICANT MAY BE MARRIED; TO LIMIT THE REGISTER OF DEEDS' RESPONSIBILITY IN ISSUING MARRIAGE LICENSES TO VERIFYING OBJECTIVE REQUIREMENTS; TO PROVIDE A PROCEDURE BY WHICH A PERSON MAY APPLY FOR A MARRIAGE LICENSE WITHOUT APPEARING IN PERSON; TO EXPAND THE GEOGRAPHICAL SCOPE OF A MARRIAGE LICENSE; TO MAKE INCLUSION OF RACE ON THE LICENSE OPTIONAL; AND TO ALLOW FOR CORRECTIONS OF ERRORS IN THE APPLICATION OR LICENSE, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 51-1 reads as rewritten:
"§ 51‑1.  Requisites of marriage; solemnization.
The consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, and in the presence of an ordained minister of any religious denomination, minister authorized by  a church, or of a magistrate, and the consequent declaration by such minister or officer that such persons are husband and wife, or in accordance with any mode of solemnization recognized by any religious denomination, Indian Nation or Tribe, shall be a valid and sufficient  marriage.   Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation."
SECTION 2.  G.S. 51-2 reads as rewritten:
"§ 51‑2.  Capacity to marry.
(a)	All unmarried persons of 18 years, or older, may lawfully marry, except as hereinafter forbidden. In addition, persons over 16 years of age and under 18 years of age may marry, and the register of deeds may issue a license for such marriage, only after there shall have been filed with the register of deeds a written consent to such marriage, said consent having been signed by the appropriate person as follows:

(1)By either the mother or father of the male or female child applying to marry; or
(2)By a person, agency, or institution having legal custody or serving as a guardian of such male or female child applying to marry. 
Such written consent shall not be required for an emancipated minor if a certificate of emancipation issued pursuant to Article 35 of Chapter 7B of the General Statutes or a certified copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed with the register of deeds.
(b)	When an unmarried female who is 14 or 15 years of age is pregnant or has given birth to a child and the unmarried female and the putative father of the child, either born or unborn, agree to marry, or an unmarried male who is 14 or 15 years of age is the putative father of a child, either born or unborn, and the unmarried male and the mother of the child agree to marry, and consent in writing to the marriage, as set out in subsection (a), subdivisions (1) and (2) above, is given on the part of the underage male or female applying to marry, the register of deeds is authorized to issue to said parties a license to marry, and it shall be lawful for them to marry in accordance with the provisions of this Chapter.
(c)	When an unmarried female who is less than  14 years old, is pregnant or has given birth to a child and the unmarried female and the putative father of the child, either born or unborn, agree to marry, or an unmarried male who is less than 14 years old, is the putative father of a child, either born or unborn, and the unmarried male and the mother of the child agree to marry,  the register of deeds is authorized to issue to said parties a license to marry, and it shall be lawful for them to marry in accordance with the provisions of this Chapter, only if a district or family court finds that the underage party is capable of assuming the responsibilities of marriage and the marriage will serve his or her best interest. Pregnancy alone does not establish that the best interest of the party will be served.
(d)	When a license to marry is procured by any person under 18 years of age by fraud or misrepresentation, a parent or a person, agency, or institution having legal custody or serving as a guardian of the underage applicant is a proper party to bring an action to annul the marriage."
SECTION 3.  G.S. 51‑6 reads as rewritten:
"§ 51‑6.  Solemnization without license unlawful. 
No minister, officer, or any other person authorized to solemnize a marriage under the laws of this State, shall perform a ceremony of marriage between a man and woman, or shall declare them to be husband and wife, until there is delivered to that person a license for the marriage of the said persons, signed by the register of deeds of the county in which the marriage  license was issued or by a lawful deputy. There must be at least two witnesses to the marriage ceremony.
Whenever a man and woman have been lawfully married in accordance with the laws of the state in which the marriage ceremony took place, and said marriage was performed by a magistrate or some other civil official duly authorized to perform such ceremony, and the parties thereafter wish to confirm their marriage vows before an ordained minister or minister authorized by a church, or in a ceremony recognized by any religious denomination, Indian Nation or Tribe, nothing herein shall be deemed to prohibit such confirmation ceremony; provided, however, that such confirmation ceremony shall not be deemed in law to be a marriage ceremony, such confirmation ceremony shall in no way affect the validity or invalidity of the prior marriage ceremony performed by a civil official, no license for such confirmation ceremony shall be issued by a register of deeds, and no record of such confirmation ceremony may be kept by a register of deeds."
SECTION 4.  G.S. 51-7 reads as rewritten:
"§ 51‑7.  Penalty for solemnizing without license.
Every minister, officer, or any other person authorized to solemnize a marriage under the laws of this State, who marries any couple without a license being first delivered to that person, as required by law, or after the expiration of such license, or who fails to return such license to the register of deeds within 10 days after any marriage celebrated by virtue thereof, with the certificate appended thereto duly filled up and signed, shall forfeit and pay two hundred dollars ($200.00) to any person who sues therefore, and shall also be guilty of a Class 1 misdemeanor."
SECTION 5.  G.S. 51-8 reads as rewritten:
"§ 51‑8.  License issued by register of deeds.
Every register of deeds shall, upon proper application, issue a license for the marriage of any two persons who are able to answer the questions regarding age, marital status, and intention to marry, and, based on the answers, the register of deeds determines the persons are authorized to be married in accordance with the laws of this State. In making a determination as to whether or not the parties are authorized to be married under the laws of this State, the register of deeds may require the applicants for the license to marry to present certified copies of birth certificates or birth registration cards provided for in G.S. 130-73, or such other evidence as the register of deeds deems necessary to such determination. The register of deeds may administer an oath to any person presenting evidence relating to whether or not parties applying for a marriage license are eligible to be married pursuant to the laws of this State. Each applicant for a marriage license shall provide on the application the applicant's social security number. If an applicant does not have a social security number and is ineligible to obtain one, the applicant shall present a statement to that effect, sworn to or affirmed before an officer authorized to administer oaths. Upon presentation of a sworn or affirmed statement, the register of deeds shall issue the license, provided all other requirements are met, and retain the statement with the register's copy of the license. The register of deeds shall not issue a marriage license unless all of the requirements of this section have been met."
SECTION 6.  Chapter 51 of the General Statutes is amended by adding the following new section:
"§ 51-8.2.  Issuance of marriage license when applicant is unable to appear.
If an applicant for a marriage license is over 18 years of age and is unable to appear in person at the register of deeds' office, the applicant may submit a sworn and notarized affidavit in lieu of personal appearance.
The affidavit shall be in the following or some equivalent form:
___________________________, (Applicant) appearing before the undersigned notary and being duly sworn, says that:
1. I, ____________________________________, [applicant's name] am applying for a license in ______________ County, NC to marry ___________________________ [name of other applicant] in North Carolina within the next 60 days and I am authorized under G.S. 51-8.2 to complete this Affidavit in Lieu of Personal Appearance for Marriage License Application.
I attach:  (1) documentation that I am over 18 years of age as required in county of marriage; and (2) documentation of divorce as required by county of marriage.
2. I submit the following information in applying for a marriage license:
Name: _________________ ___________________ ________________
	First	Middle	Last
Residence: ________ ________________  ________________________
State	County	City or Town
_______________________________________ ______________________
Street and Number	Inside City Limits (Yes or No)
Birthplace: ____________________ Birth Date ________ Age:_____
County & State or Country
Father: __________________  _______________ _____________
	Name	State of Birth	Address (if living) or Deceased
Mother: ________________  _______________ ____________________
	Name	State of Birth	Address (if living) or Deceased
Race (Optional): _________ Number of this marriage:			
1st, 2nd, etc.
Last Marriage Ended by: __________		Date Marriage Ended: ____
Death, Divorce, Annulment
Specify Highest Grade Completed in School (Optional):  
Social Security # __________________________ (If applicant does not have Social Security number, attach affidavit of ineligibility)

I hereby make application to the Register of Deeds for a Marriage License and solemnly swear that all of the statements contained in the above application are true and I further make oath that there is no legal impediment to such marriage.__________________________________
____________________________________Signature of Applicant
Sworn to (or affirmed) and subscribed before me
this ______ day of _______________, _______.
______________________
[Seal]		Notary Public
______________________	My commission expires:_________ 
[Notary's typed or printed name]"
SECTION 7.  G.S. 51‑15 reads as rewritten:
"§ 51‑15.  Obtaining license by false representation misdemeanor.
If any person shall obtain, or aid and abet in obtaining, a marriage license by misrepresentation or false pretenses, that person shall be guilty of a Class 1 misdemeanor. "  
Section 8.  G.S. 51‑16 reads as rewritten:
"§ 51‑16.  Form of license.
License shall be in the following or some equivalent form:
To any ordained minister of any religious denomination, minister authorized by a church, any  magistrate, or any other person authorized to solemnize a marriage under the laws of this State:  A.B. having applied to me for a license for the marriage of C.D. (the name of the man to be written in full) of (here state his residence), aged _________ years (race, as the case may be), the son of (here state the father and mother, if known; state whether they are living or dead, and their residence, if known; if any of these facts are not known, so state), and E.F. (write the name of the woman in full) of (here state her residence), aged __________ years (race, as the case may be), the daughter of (here state names and residences of the parents, if known, as is required above with respect to the man). (If either of the parties is under 18 years of age, the license shall here contain the following:)	And the written consent of G.H., father (or mother, etc., as the case may be) to the proposed marriage having been filed with me, and there being no legal impediment to such marriage known to me, you are hereby authorized, at any time within 60 days from the date hereof, to celebrate the proposed marriage at any place within the State. You are required within 10 days after you shall have celebrated such marriage, to return this license to me at my office with your signature subscribed to the certificate under this license, and with the blanks therein filled according to the facts, under penalty of forfeiting two hundred dollars ($200.00) to the use of any person who shall sue for the same.
Issued this ________ day of_______________, ____________
_______________________ L.M.
Register of Deeds of ____________ County
Every register of deeds shall, at the request of an applicant, designate in a marriage license issued the race of the persons proposing to marry by inserting in the blank after the word "race" the words "white," "black,""African American,""American Indian,""Alaska Native,""Asian Indian,""Chinese,""Filipino,""Japanese,""Korean,""Vietnamese,""Other Asian,""Native Hawaiian,""Guamarian,""Chamorro,""Samoan,""Other Pacific Islander,""Mexican,""Mexican American,""Chicano,""Puerto Rican,""Cuban,""Other Spanish/Hispanic/Latino,"or"other,"as the case may be. The certificate shall be filled up and signed by the minister, officer, or other authorized individual celebrating the marriage, and also be signed by two witnesses present at the marriage, who shall add to their names their place of residence, as follows:
I, N.O., an ordained or authorized minister or other authorized individual of (here state to what religious denomination, or magistrate, as the case may be), united in matrimony (here name the parties), the parties licensed above, on the _______ day of ________________, _______, at the house of P.R., in (here name the town, if any, the township and county), according to law.
_______________________N.O.
Witness present at the marriage:
S.T., of (here give residence)."
SECTION 9.  G.S. 51‑18.1 reads as rewritten:
"§ 51‑18.1.  Correction of errors in application or license; amendment of names in application or license.
(a)	When it shall appear to the register of deeds of any county in this State that information is incorrectly stated on an application for a marriage license, or upon a marriage license issued thereunder, or upon a return or certificate of an officiating officer, the register of deeds is authorized to correct such record or records upon being furnished with an affidavit signed by one or both of the applicants for the marriage license, accompanied by affidavits of at least two other persons who know the correct information.
(b)	When the name of a party to a marriage has been changed by court order as a result of a legitimation action or other cause of action, and the party whose name is changed presents a signed affidavit to the register of deeds indicating the name change and requesting that the application for a marriage license, the marriage license, and the marriage certificate of the officiating officer be amended by substituting the changed name for the original name, the register of deeds may amend the records as requested by the party, provided the other party named in the records consents to the amendment."
SECTION 10.  This act is effective when it becomes law.