Section 31-11-4-17 - Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements(a) If the individual who solemnizes a marriage fails to:(1) appropriately complete the certificate of marriage; or(2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court; as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.
(b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that: (1) the marriage of the individuals listed was solemnized before the date the original marriage license expired; (2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and(3) the clerk of the circuit court shall:(A) accept the order for filing; and(B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief.(c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate.(d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the Indiana department of health on at least a monthly basis.Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.
Amended by P.L. 56-2023,SEC. 257, eff. 7/1/2023.As added by P.L. 1-1997, SEC.3.