§ 31-11-4-4 — Application; sexually transmitted diseases acknowledgment; lifetime sex or violent offender; religious objections

Indiana § 31-11-4-4

• Jurisdiction: Indiana
• Art. 11: FAMILY LAW: MARRIAGE
• Ch. 4: Marriage Licenses and Certificates

Text

(a) An application for a marriage license must
be written and verified. The application must contain the following
information concerning each of the applicants:
(1) Full name.
(2) Birthplace.
(3) Residence.
(4) Age.
(5) Names of dependent children.
(6) Full name, including the maiden name of a mother, last known
residence, and, if known, the place of birth of:
(A) the birth parents of the applicant if the applicant is not
adopted; or
(B) the adoptive parents of the applicant if the applicant is
adopted.
(7) Whether either of the applicants is a lifetime sex or violent
offender, and, if an applicant is a lifetime sex or violent offender,
the county and state in which the conviction was entered giving
rise to the applicant's status as a lifetime sex or violent offender.
(8) A statement of facts necessary to determine whether any legal
impediment to the proposed marriage exists.
(9) Except as provided in subsection (e), an acknowledgment that
both applicants must sign, affirming that the applicants have
received the information described in section 5 of this chapter,
including a list of test sites for the human immunodeficiency virus
(HIV). The acknowledgment required by this subdivision must be
in the following form:
ACKNOWLEDGMENT
I acknowledge that I have received information regarding serious
communicable diseases that are sexually transmitted and a list of test
sites for the human immunodeficiency virus (HIV).
(b) The clerk of the circuit court shall record the application,
including the license and certificate of marriage, in a book provided for
that purpose. This book is a public record.
(c) The Indiana department of health shall develop uniform forms
for applications for marriage licenses. The Indiana department of health
shall furnish these forms to the circuit court clerks. The Indiana
department of health may periodically revise these forms.
(d) The Indiana department of health shall require that the record of
marriage form developed under subsection (c) must include each
applicant's Social Security number. Any Social Security numbers
collected on the record of marriage form shall be kept confidential and
used only to carry out the purposes of the Title IV-D program. A person
who knowingly or intentionally violates confidentiality regarding an
applicant's Social Security numbers as described in this subsection
commits a Class A infraction.
(e) Notwithstanding subsection (a), a person who objects on
religious grounds is not required to:
(1) verify the application under subsection (a) by oath or
affirmation; or
(2) sign the acknowledgment described in subsection (a)(9).
However, before the clerk of the circuit court may issue a marriage
license to a member of the Old Amish Mennonite church, the bishop
of that member must sign a statement that the information in the
application is true.
(f) If a person objects on religious grounds to:
(1) verifying the application under subsection (a) by oath or
affirmation; or
(2) signing the acknowledgment described in subsection (a)(9);
the clerk of the circuit court shall indicate that fact on the application
for a marriage license.
[Pre-1997 Recodification Citation: 31-7-3-3.]

Legislative History

As added by P.L.1-1997, SEC.3. Amended by P.L.213-1999, SEC.8; P.L.86-2002, SEC.5; P.L.244-2019, SEC.4; P.L.112-2020, SEC.57; P.L.56-2023, SEC.252.