SB4 Alabama 2015 1st Special Session

Summary

Primary Sponsor

Greg AlbrittonSenator

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of probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-13, 30-1-16 am'd.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

SB4 would replace marriage licenses with civil contracts for marriage recorded by the judge of probate and require monthly transmission of those contracts to Vital Statistics.

What This Bill Does

It abolishes the requirement for a marriage license and replaces it with a civil contract of marriage filed with the judge of probate. The contract must include names, legal authorization to marry, voluntary agreement, signatures of both parties, two adult witnesses, and a minor-consent affidavit if applicable. The judge of probate records the civil contract and forwards a copy to the Office of Vital Statistics by the fifth day of the following month, and the contract becomes presumptive evidence of the marriage when recorded. Ceremonies (religious, civil, or independent) may occur but are not required, the state has no role in ceremonies, common law marriage remains recognized, and out-of-state marriages can be recorded in Alabama.

Who It Affects

• People who want to marry in Alabama would enter into a civil contract instead of obtaining a marriage license, must meet eligibility, sign the contract, have two adult witnesses, and obtain parental consent for minors; the contract’s recording serves as proof of marriage.
• Judges of probate and the Office of Vital Statistics would shift from issuing licenses to recording civil contracts and transmitting copies monthly, with Vital Statistics maintaining the resulting marriage records.

Key Provisions

• Abolition of the marriage license requirement and replacement with a civil contract for marriage filed with the judge of probate and forwarded to the Office of Vital Statistics.
• Civil contract must include the parties' names, statement of legal authorization to marry, voluntary intent, signatures of both parties, two adult witnesses, and minor-consent affidavit if a minor is involved; contract becomes valid when the ceremony occurs or when the contract is executed and recorded.
• Ceremonies may be conducted by an officiant chosen by the parties, but the state has no requirements or role in ceremonies; the contract's validity does not depend on ceremony.
• Probate courts must record civil contracts and send copies to Vital Statistics by the fifth day of the following month; the contract is presumptive evidence of marriage.
• Out-of-state marriage certificates can be recorded by the probate office and are presumptive evidence of validity.
• If there is a vital error, parties may amend the contract or seek a civil action in circuit court; the circuit courts have jurisdiction to correct errors in civil contracts.
• Sections 30-1-9, 30-1-10, 30-1-11, and 30-1-14 are repealed; all requirements to obtain a marriage license are abolished.
• The act becomes effective immediately upon signing and approval.

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