HB41 Alabama 2015 2nd Special Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

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of probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-13, 30-1-16 am'd.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

HB41 would replace marriage licenses with civil contracts of marriage recorded by the judge of probate and forwarded to Vital Statistics in Alabama.

What This Bill Does

It ends the need for a marriage license. Couples would create and file a civil contract of marriage with the judge of probate, who must record it and send a copy to the Office of Vital Statistics by the fifth day of the following month. Ceremonies may occur but are not required or controlled by the state, and the contract itself serves as evidence of marriage. The bill also specifies contract content, maintains common law marriage, adds a recording fee, and repeals certain old license provisions.

Who It Affects

• Individuals who want to marry in Alabama: they must enter a civil contract of marriage and have it recorded with the judge of probate, provide required information (including minor consent if applicable), and pay a $35 recording fee.
• Judges of probate and the Office of Vital Statistics: probate judges record civil contracts and forward copies monthly to Vital Statistics; Vital Statistics maintains the marriage records; the state no longer issues licenses or oversees marriage ceremonies.

Key Provisions

• Abolishes the marriage license system and replaces it with a civil contract of marriage filed with the judge of probate and forwarded to the Office of Vital Statistics.
• Civil contracts must include the parties' names, legal eligibility to marry, voluntary intent, signatures of both parties and two adult witnesses, and a sworn parental/guardian consent for minors; the contract is valid when executed and recorded.
• Ceremonies (religious, civil, or other) may occur but are not required by the state; the state's role in the ceremony is voided.
• The judge of probate records each civil contract and transmits a copy to the Office of Vital Statistics by the fifth day of the following month; the contract serves as presumptive evidence of marriage.
• Common law marriage remains recognized; out-of-state marriage certificates can be recorded, but are not forwarded to Vital Statistics.
• An additional recording fee of $35 is added for civil contracts, deposited into the State General Fund.
• Sections related to marriage licenses (30-1-9, 30-1-10, 30-1-11, and 30-1-14) are repealed.
• The act becomes effective immediately upon passage 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