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SB20 Alabama 2017 Session

Updated Feb 27, 2026
High Interest

Summary

Session
Regular Session 2017
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probate, transmission to Vital Statistics office, content of contract, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-13, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-16 am'd.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

SB20 would abolish marriage licenses and require couples to record their marriage with the judge of probate, who forwards the record to Vital Statistics, making solemnization optional for validity.

What This Bill Does

It allows two people to enter into a marriage by submitting affidavits, forms, and data to the judge of probate for recording, which creates the legal marriage. The judge records the marriage and forwards the record to the Office of Vital Statistics by the 5th day of the following month. It eliminates the license requirement and makes the marriage valid once the affidavits and data are filed. Ceremonies may be religious, civil, or independent, and there is no state requirement for a particular ceremony to make the marriage official.

Who It Affects
  • Couples planning to marry: must file affidavits, forms, and data with the judge of probate (instead of obtaining a license), and their marriage becomes legally recognized when recorded.
  • Judge of probate, Office of Vital Statistics, and related officials: responsible for recording marriages, forwarding records monthly, maintaining permanent records, and collecting associated recording fees.
Key Provisions
  • Abolishes marriage licenses; marriages are entered into by two parties and recorded with the judge of probate.
  • The probate judge records each marriage and forwards the record to the Office of Vital Statistics by the fifth day of the following month.
  • Two parties must provide affidavits, forms, and data to probate; probate cannot reject recording if documents are complete; each marriage filed is registered with Vital Statistics.
  • Ceremonies may be religious, civil, or independent; no state requirement for a specific ceremony to make the marriage official.
  • The marriage document must include minimum information such as full legal names and notarized affidavits declaring age, consent (for minors), competency, lack of prohibited relationship, and voluntary nature; both parties must sign.
  • A marriage is valid on the date both parties sign if filed with probate within 30 days of the last signature.
  • Probate will continue to collect the recording fee and related fees (Section 30-6-11) for each recorded marriage.
  • Vital Statistics will hold the official record; certified copies are admissible as evidence, and the record includes the transmitted data.
  • Sections 30-1-9, 30-1-10, 30-1-11, 30-1-13, and 30-1-14 are repealed; Sections 22-9A-17, 30-1-5, 30-1-12, and 30-1-16 are amended accordingly.
  • The act becomes effective 90 days after approval by the Governor.
  • The Alabama Law Institute and the Department of Public Health will prepare the form to meet the minimum requirements of this act.
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

Judiciary first Amendment Offered

H

Pending third reading on day 20 Favorable from Judiciary with 1 amendment

H

Read for the second time and placed on the calendar 1 amendment

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 223

S

Albritton motion to Adopt adopted Roll Call 222

S

Albritton Amendment Offered

S

Third Reading Passed

S

Read for the second time and placed on the calendar

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 7, 2017 Senate Passed
Yes 22
No 6
Absent 7

Documents

Source: Alabama Legislature