HB8 Alabama 2015 1st Special Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

First Special Session 2015

Title

Marriage, contract for, recording by judge of probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-13, 30-1-16 am'd.

Summary

HB8 would replace marriage licenses with civil contracts for marriage, recorded by the probate court and sent to Vital Statistics, while preserving common-law marriage.

What This Bill Does

The bill abolishes the requirement to obtain a marriage license from the judge of probate. Instead, couples would enter into a civil contract for marriage that the probate court records and forwards a copy to the Office of Vital Statistics each month. The civil contract must include the names of the parties, confirmation they are legally eligible to marry, a voluntary agreement, signatures of both parties, two adult witnesses, and parental consent by affidavit if a minor is involved. The ceremony can be religious or secular but is not controlled by the state, and common-law marriage would still be recognized in Alabama.

Who It Affects

• Couples who want to marry: they would use a civil contract for marriage instead of obtaining a marriage license, with the contract recorded by the probate court and monthly transmission to Vital Statistics.
• Judges of probate and the Office of Vital Statistics: they would record civil contracts, forward copies to Vital Statistics, and oversee the new process; the main state role would be age verification for minors (via parental consent) rather than approving marriages.

Key Provisions

• Abolishes the requirement for a marriage license and replaces it with a civil contract for marriage filed with the probate office, with the contract recording and presumptive validity.
• The civil contract must include the parties' names, legal eligibility to marry, voluntary agreement, signatures of both parties, two adult witnesses, and a parent/guardian consent affidavit for minors; the contract is valid when the ceremony occurs or the contract is executed, whichever comes first, if recorded properly.
• Ceremonies (religious, civil, or independent) may occur but are not required by the state; the state's role is limited to recording the civil contract and not regulating ceremonies.
• Administrative changes include recording and forwarding civil contracts to the Office of Vital Statistics by the fifth day of the following month, continuing recognition of common-law marriage, and repeal of certain existing license-related sections; the act takes effect immediately and out-of-state marriages may be recorded as before.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Domestic Relations