SB21 Alabama 2015 2nd Special Session

Summary

Primary Sponsor

Greg AlbrittonSenator

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of probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-13, 30-1-16 am'd.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

SB21 would replace marriage licenses with civil contracts of marriage recorded by the judge of probate, with monthly copies sent to Vital Statistics, while preserving common law marriage and letting ceremonies occur without state involvement.

What This Bill Does

The bill ends the statewide marriage license system and requires couples to enter a civil contract of marriage that is recorded by the judge of probate and forwarded to the Office of Vital Statistics. The contract becomes valid and presumptive evidence of the marriage once recorded, and age verification for minors is done via parental or guardian consent. Ceremonies (religious, civil, or otherwise) are optional and not required by the state for the marriage to be legally valid. It also allows recording of out-of-state marriage certificates as presumptive evidence (not forwarded to Vital Statistics) and adds a $35 recording fee, while repealing certain license-related sections.

Who It Affects

• Couples seeking to marry in Alabama would enter into a civil contract of marriage, have it recorded with the judge of probate, and have a copy transmitted to the Office of Vital Statistics.
• Judges of probate would stop issuing marriage licenses, instead record civil contracts, verify age for minors, forward monthly copies to Vital Statistics, and collect a $35 recording fee.
• The Office of Vital Statistics would receive and maintain records of the civil contracts filed and forwarded by probate courts.
• Minors and their parents or guardians would provide age-related consent via sworn affidavit as part of the civil contract, since the judge of probate can only determine age in this framework.

Key Provisions

• Abolishes the requirement that a marriage license be issued by the judge of probate and replaces it with a civil contract for marriage recorded by the probate court.
• The civil contract must include names, legal authorization to marry, voluntary execution, signatures of both parties, signatures of two adult witnesses, and, for a minor, a sworn affidavit of parental/guardian consent.
• The civil contract is valid on the date it is executed, provided it is recorded with the probate office, and a copy must be transmitted to the Office of Vital Statistics by the fifth day of the following month.
• The judge of probate is limited to recording civil contracts and age verification for minors; the state has no role in religious or independent ceremonies related to the contract.
• Out-of-state marriage certificates can be recorded by the probate court and are presumptive evidence of validity; such certificates are not forwarded to Vital Statistics.
• An additional recording fee of $35 is collected by the judge of probate and deposited into the State General Fund.
• Sections 30-1-9, 30-1-10, 30-1-11, and 30-1-14 are repealed, removing prior license-related provisions.
• 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