N.Y. Dom. Rel. Law § 15

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 15 — Duty of town and city clerks. 1 DRL § 15 Duty of town and city clerks. 1 /legislation/laws/DOM/A3 § 15. Duty of town and city clerks. 1. (a) It shall be the duty ofthe town or city clerk when an application for a marriage license ismade to him or her to require each of the contracting parties to signand verify a statement or affidavit before such clerk or one of his orher deputies, containing the following information. From party one: Fullname, place of residence, social security number, age, occupation, placeof birth, name of father, country of birth, maiden name of mother,country of birth, number of marriage. From party two: Full name, placeof residence, social security number, age, occupation, place of birth,name of father, country of birth, maiden name of mother, country ofbirth, number of marriage. Both parties shall also be required topresent to the clerk documentary proof of age in the form of an originalor certified copy of a birth record, a certification of birth issued bythe state department of health, a local registrar of vital statistics orother public officer charged with similar duties by the laws of anyother state, territory or country, a baptismal record, a passport, anautomobile driver's license, any government or school issuedidentification card that contains a photograph of the applicant, a lifeinsurance policy, an employment certificate, a school record, animmigration record, a naturalization record, a court record or any otherdocument or record issued by a governmental entity, showing the date ofbirth of such parties. The said clerk shall also embody in the statementif either or both of the applicants have been previously married, astatement as to whether the former spouse or spouses of the respectiveapplicants are living or dead and as to whether either or both of saidapplicants are divorced persons, if so, when and where and against whomthe divorce or divo er spouse or spouses of the respectiveapplicants are living or dead and as to whether either or both of saidapplicants are divorced persons, if so, when and where and against whomthe divorce or divorces were granted and shall also embody therein astatement that no legal impediment exists as to the right of each of theapplicants to enter into the marriage state. The town or city clerk ishereby given full power and authority to administer oaths and mayrequire the applicants to produce witnesses to identify them or eitherof them and may examine under oath or otherwise other witnesses as toany material inquiry pertaining to the issuing of the license, and ifthe applicant is a divorced person the clerk may also require theproduction of a certified copy of the decree of the divorce, or proof ofan existing marriage of parties who apply for a license to be used for asecond or subsequent ceremony; provided, however, that in cities ortowns the verified statements and affidavits may be made before anyregular clerk or designee of the clerk's office.(b) Every application for a marriage license shall contain a statementto the following effect: NOTICE TO APPLICANTS(1) Every person has the right to adopt any name by which he or shewishes to be known simply by using that name consistently and withoutintent to defraud.(2) A person's last name (surname) does not automatically change uponmarriage, and neither party to the marriage must change his or her lastname. Parties to a marriage need not have the same last name.(3) One or both parties to a marriage may elect to change the surnameby which he or she wishes to be known after the solemnization of themarriage by entering the new name in the space below. Such entry shallconsist of one of the following surnames:(i) the surname of the other spouse; or(ii) any former surname of either spouse; or(iii) a name combining into a single surname all or a segment of thepremarriage surname or any former surname of each spouse; or me of the other spouse; or(ii) any former surname of either spouse; or(iii) a name combining into a single surname all or a segment of thepremarriage surname or any former surname of each spouse; or(iv) a combination name separated by a hyphen or space, provided thateach part of such combination surname is the premarriage surname, or anyformer surname, of each of the spouses.(4) One or both parties to a marriage may elect to change the middlename by which he or she wishes to be known after the solemnization ofthe marriage by entering the new name in the space below. Such entryshall consist of one of the following options:(i) the current surname of the spouse electing to change his or hername; or(ii) any former surname of the spouse electing to change his or hername; or(iii) the surname of the other spouse.(5) The use of this option will have the effect of providing a recordof the change of name. The marriage certificate, containing the newname, if any, constitutes proof that the use of the new name, or Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 15 — Duty of town and city clerks. 1 theretention of the former name, is lawful.(6) Neither the use of, nor the failure to use, this option ofselecting a new surname or middle name by means of this applicationabrogates the right of each person to adopt a different name throughusage at some future date. ..................................... (Optional -- Enter new surname above)2. If it appears from the affidavits and statements so taken, and fromthe documentary proof of age presented, that the persons for whosemarriage the license in question is demanded are legally competent tomarry, the said clerk shall issue such license.4. Before issuing any licenses herein provided for, the town or cityclerk shall be entitled to a fee of thirty dollars, which sum shall bepaid by the applicants before or at the time the license is issu efore issuing any licenses herein provided for, the town or cityclerk shall be entitled to a fee of thirty dollars, which sum shall bepaid by the applicants before or at the time the license is issued;provided, however, that when either of the parties applying for suchlicense is a member of the armed forces of the United States on activeduty (i) a town or city may not collect that portion of the fee whichwould otherwise be transmitted to the state commissioner of healthpursuant to this subdivision and (ii) such town or city may elect towaive the portion of the fee which the town or city is entitled to. Anytown or city clerk who shall issue a license to marry any persons one orboth of whom shall not be at the time of the marriage under such licenselegally competent to marry without first requiring the parties to suchmarriage to make such affidavits and statements or who shall not requirethe production of documentary proof of age or the procuring of theapproval and consents provided for by this article, which shall showthat the parties authorized by said license to be married are legallycompetent to marry, shall be guilty of a misdemeanor and on convictionthereof shall be fined in the sum of one hundred dollars for each andevery offense. On or before the fifteenth day of each month, each townand city clerk, except in the city of New York, shall transmit to thestate commissioner of health twenty-two dollars and fifty cents of theamount received for each fee collected, which shall be paid into thevital records management account as provided by sectionninety-seven-cccc of the state finance law; provided, however, that nofee shall be collected on behalf of or paid to the commissioner ofhealth when either of the parties applying for such license is a memberof the armed forces of the United States on active duty. In any city thebalance of all fees collected for the issuing of a marriage license, orfor solemnizing a marriage, so far as collected for service he armed forces of the United States on active duty. In any city thebalance of all fees collected for the issuing of a marriage license, orfor solemnizing a marriage, so far as collected for services rendered byany officer or employee of such city, shall be paid monthly into thecity treasury and may by ordinance be credited to any fund thereindesignated, and said ordinance, when duly enacted, shall have the forceof law in such city. Notwithstanding any other provisions of thisarticle, the clerk of any city with the approval of the governing bodyof such city is hereby authorized to designate, in writing filed in thecity clerk's office, a deputy clerk, if any, and/or other city employeesin such office to receive applications for, examine applications,investigate and issue marriage licenses in the absence or inability ofthe clerk of said city to act, and said deputy and/or employees sodesignated are hereby vested with all the powers and duties of said cityclerk relative thereto. Such deputy and/or employees shall perform saidduties without additional compensation.5. Notwithstanding any other provision of this section, the city clerkof the city of New York, before issuing any licenses herein providedfor, shall be entitled to a fee of twenty-five dollars, which sum shallbe paid by the applicants before or at the time the license is issuedand all such fees so received shall be paid monthly into the citytreasury. Source: NYSenate.gov Open Legislation | Laws of New York Page 2