Legislation
SECTION 14-A
Town and city clerks to issue certificates of marriage registration; form
Domestic Relations (DOM) CHAPTER 14, ARTICLE 3
§ 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.
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.