N.Y. Domestic Relations Law § 20-C
N.Y. Domestic Relations Law § 20-C - Certification of Marriage New Certificate in Case of Subsequent Change of Name or Gender (2024)
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NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 20-C — Certification of marriage; new certificate in case DRL § 20-C Certification of marriage; new certificate in case ofsubsequent change of name or gender. 1 /legislation/laws/DOM/A3 § 20-c. Certification of marriage; new certificate in case ofsubsequent change of name or gender. 1. A new marriage certificate shallbe issued by the town or city clerk where the marriage license andcertificate was issued, upon receipt of proper proof of a change of nameor gender designation. Proper proof shall consist of: (a) a judgment,order or decree affirming a change of name or gender designation ofeither party to a marriage; (b) an amended birth certificatedemonstrating a change of name or gender designation; (c) in the case ofa change of gender designation, a notarized affidavit from theindividual attesting to their change of gender designation; or (d) suchother proof as may be established by the commissioner of health.2. When a new marriage certificate is made pursuant to this section,the town or city clerk shall substitute such new certificate for themarriage certificate then on file, if any, and shall send the statecommissioner of health a digital copy of the new marriage certificate ina format prescribed by the commissioner, with the exception of the cityclerk of New York who shall retain their copy. The town or city clerkshall make a copy of the new marriage certificate for the local recordand hold the contents of the original marriage certificate confidentialalong with all supporting documentation, papers and copies pertainingthereto. It shall not be released or otherwise divulged except by orderof a court of competent jurisdiction.3. The town or city clerk shall be entitled to a fee of ten dollarsfor the amendment and certified copy of any marriage certificate inaccordance with the provisions of this section.4. The state commissioner of health may, in their discretion, reportto the atto llarsfor the amendment and certified copy of any marriage certificate inaccordance with the provisions of this section.4. The state commissioner of health may, in their discretion, reportto the attorney general any town or city clerk that, without cause,fails to issue a new marriage certificate upon receipt of proper proofof a change of name or gender designation in accordance with thissection. The attorney general shall thereupon, in the name of the statecommissioner of health or the people of the state, institute such actionor proceeding as may be necessary to compel the issuance of such newmarriage certificate. Source: NYSenate.gov Open Legislation | Laws of New York Page 1