(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 t 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.]As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.257.
Indiana Legal Code