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SB143 Alabama 2016 Session

Updated Feb 27, 2026
High Interest

Summary

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transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-13, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-16 am'd.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

SB143 would abolish marriage licenses and replace them with a contract-based marriage recorded by the judge of probate and filed with the Office of Vital Statistics.

What This Bill Does

It ends the license requirement and creates a system where two people marry by filing affidavits, forms, and data with the judge of probate to record the marriage and forward the record to Vital Statistics. The marriage becomes legally valid when the parties sign and the documentation is recorded within 30 days, and there is no state-mandated ceremony for validity. The process requires specific information from both parties, and minors require parental consent (with a bond) and notarized affidavits. The act also allows recording of out-of-state marriages (as prima facie evidence) but does not forward those certificates to Vital Statistics, and requires the Department of Public Health to prepare the new forms; it repeals several old license/solemnization provisions.

Who It Affects
  • Couples planning to marry in Alabama would enter into a marriage contract, file required affidavits and data with the judge of probate, and have the marriage recorded and reported to Vital Statistics (instead of obtaining a license or undergoing a state ceremony).
  • Judges of probate and related state offices (Office of Vital Statistics and Department of Public Health) would handle recording, maintaining permanent records, and forwarding records monthly, under the new requirements.
Key Provisions
  • Abolishes the marriage license requirement and replaces it with a statutory contract for marriage recorded by the judge of probate and forwarded to the Office of Vital Statistics.
  • Requires the marriage document to include full names, notarized affidavits of each party (including age, marital status, competence, non-relations, voluntary intent), signatures, and parental/guardian consent for minors; minors may require a $200 bond.
  • A marriage is valid on the date of execution if the affidavits and data are recorded within 30 days; there is no state requirement for a ceremony to be legally valid.
  • The judge of probate must record each marriage and forward the records to the Office of Vital Statistics by the 5th day of the following month; the judge cannot reject a recording if the required documents are provided.
  • Out-of-state marriages may be recorded by the judge of probate and are prima facie evidence of validity; such certificates are not forwarded to Vital Statistics.
  • The Department of Public Health will prepare the required form; the act becomes effective 60 days after passage.
  • Repeals: Sections 30-1-9, 30-1-10, 30-1-11, 30-1-13, and 30-1-14 are repealed; amendments to Sections 22-9A-17, 30-1-5, 30-1-12, and 30-1-16.
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

Bill Actions

H

Pending third reading on day 25 Favorable from Judiciary with 1 substitute

H

Judiciary first Substitute Offered

H

Read for the second time and placed on the calendar with 1 substitute and

H

Read for the first time and referred to the House of Representatives committee on Judiciary

S

Engrossed

S

Motion to Read a Third Time and Pass adopted Roll Call 372

S

Albritton motion to Adopt adopted Roll Call 371

S

Judiciary first Substitute Offered

S

Third Reading Passed

S

Read for the second time and placed on the calendar with 1 substitute and

S

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

March 15, 2016 Senate Passed
Yes 23
No 3
Absent 9

Documents

Source: Alabama Legislature