Indiana § 31-11-4-17 Failure to file marriage certificates and marriage licenses; declaratory
order upon proof of marriage; legal effect; recording requirements

Indiana Statutes

§ 31-11-4-17 — Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

Indiana § 31-11-4-17

Art. 11FAMILY LAW: MARRIAGE

Ch. 4Marriage Licenses and Certificates

This text of Indiana § 31-11-4-17 (Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-11-4-17 (2026).

Text

(a)If the individual who solemnizes a marriage fails to:

(1)appropriately complete the certificate of marriage; or

(2)timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court; as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.

(b)Upon proof by oral testimony or affidavits, the court may issue a declaratory order that:

(1)the marriage of the individuals listed was solemnized before the date the original marriage license expired;

(2)any error by the party who solemnized the marriage does not affect the validity of the marriage; and

(3)the clerk of the circuit court shall:

(A)accept the order for fi

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(a) If the individual who solemnizes a
marriage fails to:
(1) appropriately complete the certificate of marriage; or
(2) timely file the duplicate marriage certificate and marriage
license with the clerk of the circuit court;
as required by section 16 of this chapter, either party to the marriage
may file for a declaratory judgment in the circuit court with jurisdiction
in the county in which the marriage occurred.
(b) Upon proof by oral testimony or affidavits, the court may issue
a declaratory order that:
(1) the marriage of the individuals listed was solemnized before
the date the original marriage license expired;
(2) any error by the party who solemnized the marriage does not
affect the validity of the marriage; and
(3) the clerk of the circuit court shall:
(A) accept the order for filing; and
(B) issue a duplicate marriage license with the date the
marriage occurred to the party who sought declaratory relief.
(c) A court order issued under this section has the same legal effect
as a properly attested and filed marriage certificate.
(d) The clerk of the circuit court shall record the duplicate license
and court order and forward a copy of the marriage records to the
Indiana department of health on at least a monthly basis.
[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16
part.]