HB162 Alabama 2018 Session

Summary

Primary Sponsor

Paul Beckman

Republican

Session

Regular Session 2018

Title

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by judge of probate, transmission to Vital Statistics office, Secs. 30-1-9, 30-1-10, 30-1-11, 30-1-13, 30-1-14 repealed; Secs. 22-9A-17, 30-1-5, 30-1-12, 30-1-16 am'd.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

HB 162 would replace the marriage license system with a process where two people record affidavits and data with the judge of probate, who records the marriage and forwards it to the Vital Statistics office.

What This Bill Does

The bill lets two people marry by submitting specified affidavits, forms, and data to the judge of probate instead of obtaining a marriage license or having a required solemnization. The judge must record the marriage and send the records to the Office of Vital Statistics by the fifth day of the following month. It allows religious, civil, or independent ceremonies and removes the traditional ceremony-and-license requirements for a marriage to be valid, while requiring certain information and parental consent rules for minors. Fees related to recording are maintained, and the process includes minimum information and notarized declarations to prove eligibility and consent.

Who It Affects

• Couples who want to marry: must record affidavits and data with the judge of probate, can choose any type of ceremony, and must meet age/consent requirements for minors; the marriage becomes legally recognized when properly recorded.
• Judges of probate and the Office of Vital Statistics: judges record marriages and forward them monthly to Vital Statistics, and Vital Statistics keeps the official marriage record; judges cannot reject recordings that meet the requirements.

Key Provisions

• Abolishes the requirement to obtain a marriage license; marriages are entered into by two parties who record specified affidavits, forms, and data with the judge of probate, who then records and forwards the marriage to the Office of Vital Statistics.
• The marriage is considered valid on the date the affidavits and forms are properly signed and recorded within 30 days, and the probate office must forward records to Vital Statistics by the fifth day of the following month.
• Minimum information and notarized affidavits are required, including full legal names, declarations that each party is not currently married, age information (18+, or 16-17 with parental/guardian consent), legal competence, lack of close relation, and voluntary, non-duressed agreement; signatures are required.
• Minor marriage rules: for individuals 16-17, parental/guardian consent is required (notarized affidavit) and a $200 bond is required; consent evidence is documented in the record.
• Ceremonies of any type (religious, civil, or independent) may be conducted; there is no legal requirement for solemnization for validity, and the state will not impose a ceremony requirement.
• The probate judge retains recording fees and related fees, and the process requires the form of the marriage document to identify the parties and the data to be transmitted to Vital Statistics; the license-related sections are repealed.
• Effective date is 90 days after the bill is enacted.

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