N.H. Rev. Stat. § 5-C:41

Current through Chapter 381 of the 2024 Legislative Session
Section 5-C:41 - [Effective 1/1/2025] Marriage Registration Forms
I. There shall be 2 forms for the completion of a marriage registration. The marriage application worksheet, which shall be the form that is used to record marriage intentions, shall be completed by the prospective bride and groom and the clerk of the town or city and shall contain the information needed to complete the marriage license. The marriage license, which shall be the form that is used to record that the marriage ceremony has taken place and to record who solemnized the marriage, shall be completed by the bride, groom, the officiant and the clerk of the town or city in accordance with this section and RSA 5-C:42. The marriage license shall be the official copy of the certificate of marriage when the marriage is registered with the division.
II. The marriage application worksheet shall be completed by the prospective bride and groom in the office of the clerk of the town or city. The information supplied by the groom shall include his full name; his usual residence by street and number, city, town or location, county and state; his birthplace; his date of birth; his social security number; his father's full name; his father's birthplace; his mother's maiden name; and his mother's birthplace. The information supplied by the bride shall include her full name and maiden surname, if different; her usual residence by street and number, city, town or location, county and state; her birthplace; her date of birth; her social security number; her father's full name; her father's birthplace; her mother's maiden name; and, her mother's birthplace.
II-a.
(a) Upon entering into marriage, either party may retain his or her surname prior to the marriage or change his or her surname to the surname of the other party or change the surname to a hyphenated combination of the full surnames of both parties. If a party requests a surname change under this paragraph, that party may also change his or her middle name to his or her surname prior to the marriage. Each party shall indicate on the marriage application worksheet the party's name after marriage.
(b) Provided that the change is not made for a fraudulent criminal or wrongful purpose, the name of each party after marriage as indicated on the marriage application worksheet and marriage license shall become the sole legal name of each party after marriage. If a party indicates a name change other than as described in subparagraph (a), the party shall request approval of the court.
III. The clerk of the town or city shall complete the following statistical and legal information on the marriage application worksheet for both the bride and groom with information supplied by the bride and groom: the number which represents of the currently intended marriage; if previously married, whether a civil annulment occurred or the marriage ended by death or divorce; the date of civil annulment or that the last marriage ended; any waivers presented by the groom or the bride, either for time or age pursuant to RSA 457:4 through RSA 457:9 or RSA 457:26 and RSA 457:27; whether proof of age of the bride and groom was demonstrated using identification with photograph; if applicable, the divorce decree; and, if applicable, the death record of the former spouse.
IV. The bride and groom shall record the following on the marriage application worksheet after the clerk of the town or city completes information on the application worksheet as described in paragraph III: the date and the city or town where the marriage is intended to take place, if known; the name and address of the officiant for the marriage ceremony, if known; the groom's mailing address and phone number; the bride's mailing address and phone number; the groom's signature and date signed; the bride's signature and date signed; and certification that the information provided is correct to the best of his or her knowledge and belief and that he or she is free to marry under the laws of New Hampshire.
V. Once all of the information on the marriage application worksheet has been obtained, the clerk of the town or city shall transfer the information as listed in paragraphs II and III from the marriage application worksheet to the marriage license as well as record the following information on the marriage license: the date that the marriage license is issued, the signature of the clerk, and the name of the city or town of issuance.
VI. Pursuant to RSA 457:26, the date that the marriage license is issued shall be not more than 90 days from the date that marriage intentions were filed.
VII. Upon request of the groom, the name of a legal guardian shall be substituted on the marriage license for a natural parent's name, regardless of whether the groom who makes the request is of legal age at the time when intentions are being filed.
VIII. Upon request of the bride, the name of a legal guardian shall be substituted on the marriage license for a natural parent's name, regardless of whether the bride who makes the request is of legal age at the time when intentions are being filed.
IX. The substitution of stepparents' names shall not be permitted.
X. Persons entering dates on the marriage license shall use the full or abbreviated name of the month rather than numerals.
XI. When listing the birthplace on the marriage license, if the person is known to have been born in the United States, but the state is unknown then "U.S.-Unknown" shall be entered, and, if the person is known to have been born in a foreign country, but the country is unknown, "Foreign Unknown" shall be entered.
XII. If no information is available regarding place of birth, "Unknown" shall be entered.
XIII. The prospective bride and groom shall review the information on the marriage license for completeness and accuracy prior to signing the marriage license.
XIV. [Repealed by 2024 amendment.]
XV. The officiant shall record the following on the marriage license after the marriage ceremony has taken place: certification that he or she is duly authorized to solemnize the marriage in accordance with RSA 457; the officiant's status, pursuant to RSA 457:31; the date of the marriage ceremony; the city, town or location and county where the couple were married; certification that the bride and groom were married by the officiant in conformance with RSA 457 and that the information noted is correct to the best of his or her knowledge; the signature of the officiant; the officiant's typed or printed name; the officiant's title and address; and an indication of whether the ceremony was religious or civil.
XVI. The date the marriage license is received by the clerk of the town or city from the officiant shall be recorded on the marriage certificate as the date the marriage registration is filed.
XVII. The marriage license shall include the signature of the clerk of the town or city and the name of the town or city.

RSA 5-C:41

Amended by 2024, 229:1, eff. 1/1/2025.
Amended by 2024, 81:5, eff. 1/1/2025.
Amended by 2014 , 69: 1, eff. 1/1/2015.
Amended by 2011 , 187: 1, eff. 8/13/2011.

2005, 268 : 1 . 2011, 187 : 1 , eff. Aug. 13, 2011. 2014, 69 : 1 , eff. Jan. 1, 2015.

This section is set out more than once due to postponed, multiple, or conflicting amendments.