HB362 Alabama 2016 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2016

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transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-13, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-16 am'd.

Summary

HB362 would replace the marriage license system with a contract-based marriage recorded by the judge of probate and forwarded to Vital Statistics.

What This Bill Does

Two people would marry by filing affidavits, forms, and data with the judge of probate to record the marriage, replacing the traditional license process. The judge would record the marriage and forward the record to the Office of Vital Statistics by the fifth day of the following month. The marriage would be valid when the documents are signed and recorded within 30 days, and there would be no requirement for a state ceremony or license for validity. A new recording fee of $35 would be charged by the judge of probate and deposited into the State General Fund; several existing license-related sections would be repealed.

Who It Affects

• Couples planning to marry in Alabama: must file notarized affidavits, forms, and data with the judge of probate to have the marriage recorded, replacing the license process.
• Minors seeking to marry (ages 16-17-18): parental or guardian consent and a bond are required, as specified by existing minor-consent provisions and incorporated into the new recording system.
• Judges of probate: responsible for recording marriages, maintaining a permanent record, forwarding monthly to Vital Statistics, and collecting the new $35 recording fee.
• Office of Vital Statistics: will receive monthly marriage records from probate and maintain official records of marriages.
• Department of Public Health: must prepare a form that meets the minimum requirements for recording marriages.
• People with out-of-state marriage arrangements: probate can record out-of-state certificates, which will be prima facie evidence of validity, but those records are not forwarded to Vital Statistics.

Key Provisions

• Abolishes the requirement for a marriage license and replaces it with a statutory contract for marriage recorded with the judge of probate.
• The marriage document must include the full legal names, notarized affidavits from each party declaring eligibility (not currently married, age, competence, not related by blood/adoption, voluntary), signatures, and, if a minor is involved, parental consent.
• A marriage becomes legally recognized on the date the affidavits and forms are properly signed and recorded within 30 days, and the judge of probate must forward the records to the Office of Vital Statistics by the fifth day of the following month.
• The judge of probate may accept and record an out-of-state marriage certificate, which is prima facie evidence of validity; these records are not forwarded to Vital Statistics.
• The state abolishes the requirement to perform a ceremony or solemnization for validity; any civil, religious, or independent ceremony may be conducted, with no legal effect if not performed under the new recording system.
• A new recording fee of $35 is added for recording a civil contract of marriage, to be deposited into the State General Fund.
• Sections 30-1-9, 30-1-10, 30-1-11, 30-1-13, and 30-1-14 are repealed.
• The act becomes effective 60 days after passage and governor approval, and the Department of Public Health will prepare the required form.

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