Section 14-A. Town and city clerks to issue certificates of marriage registration; form  


Latest version.
  • 1. Upon  receipt  of  the  return  of  the  marriage
      license,  properly  endorsed  and completed by the person who shall have
      solemnized a marriage as provided in this article,  the  town  and  city
      clerks  of  each  and  every  town  or  city  in  the state shall, after
      abstracting, recording and indexing  the  statement  of  performance  of
      solemnization,  issue  to  the  couple  within  fifteen  days after such
      receipt or return of the completed marriage  license  a  certificate  of
      marriage, which certificate shall be substantially in the following form
      and contain the following facts:
     
        Record No............of Year........
     
                                 THIS IS TO CERTIFY
     
      that ................................................................. ,
                first name, premarriage surname, new surname (if applicable)
      residing at .......................................................... ,
      who was born on ........................., at ........................ ,
                             date
      and .................................................................. ,
              first name, premarriage surname, new surname (if applicable)
      residing at .......................................................... ,
      who was born ........................, at ............................ ,
                              date
      ............................. , were married on.......................at
                                                                  date
      ............. as shown by the duly registered license and certificate of
      marriage of said persons on file in this office.
     
      (SEAL)                            ......................................
                                                     Town or City Clerk
     
      Dated at.................., N. Y.
     
      No  other  facts  contained  in  the affidavits, statements, consents or
      licenses shall be  certified  by  such  town  and  city  clerks,  unless
      expressly  requested  in  writing  by  the  man  or  woman named in such
      affidavit, license, statement or record.
        2. a. Such town and city clerks shall be entitled to a  fee  for  such
      certificate, payable at the time of issuance of the marriage license, in
      a  sum not exceeding ten dollars, to be fixed in the case of town clerks
      by the town board, and in the case of city clerks by the common  council
      or  governing  body of such cities. The town and city clerks shall, upon
      request of any applicant whose name appears  thereon,  issue  a  similar
      certificate of marriage, as set forth above, and similarly expanded with
      additional  facts upon the express additional request, for all marriages
      heretofore indexed and recorded in  the  office  of  the  town  or  city
      clerks. For such certificate of marriage, the town and city clerks shall
      be  entitled to a fee not exceeding ten dollars, to be fixed in the case
      of town clerks by the town board, and in the case of city clerks by  the
      common council or governing body of such city.
        b.  In  addition to the foregoing, upon request of any applicant whose
      name appears thereon for a certificate of marriage,  the  town  or  city
      clerk  may  issue  a  photograph,  micro-photograph  or photocopy of the
      marriage record on file in the office of such  clerk.  Such  photograph,
      micro-photograph or photocopy, when certified by the town or city clerk,
      shall   be  deemed  an  original  record  for  all  purposes,  including
    
      introduction in evidence in all courts or administrative  agencies.  For
      such  certificate of marriage and the certification thereof, the town or
      city clerk shall be entitled to a fee not exceeding ten dollars,  to  be
      fixed  in  the case of town clerks by the town board, and in the case of
      city clerks by the common council or governing body of such city.
        3. No fee shall be charged for any certificate when  required  by  the
      veterans  administration  or by the division of veterans' affairs of the
      state of New York to be used  in  determining  the  eligibility  of  any
      person  to  participate  in  the benefits made available by the veterans
      administration or by the state of New York.
        4. A copy  of  the  record  of  marriage  registration  when  properly
      certified by the city and town clerks or their duly authorized deputies,
      as  herein  provided, shall be prima facie evidence of the facts therein
      stated and  in  all  actions,  proceedings  or  applications,  judicial,
      administrative or otherwise, and any such certificate of registration of
      marriage  shall  be accepted with the same force and effect with respect
      to the facts therein stated as the original certificate of  marriage  or
      certified copy thereof.
        5.  Upon  request  of  any  applicant whose name appears thereon for a
      certificate of marriage, the town or city clerk shall be  authorized  to
      correct any errors on such marriage certificate where:
        a.  such  error was not the result of any intended fraud, deception or
      attempt to avoid the effect of any valid law, regulation or statute; and
        b. either party to the marriage provides proof,  satisfactory  to  the
      clerk,  of  the accuracy of the facts presented in support of correcting
      the error.
        To effectuate such correction and  provide  certified  copies  of  the
      amended  certificate,  the town or city clerk shall be entitled to a fee
      not exceeding ten dollars to be fixed in the case of town clerks by  the
      town  board,  and  in  the  case of city clerks by the common council or
      governing body of such city. The clerk shall  forward  a  copy  of  such
      amended certificate to the commissioner of health.