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

   1. (1) appropriately complete the certificate of marriage; or

   2. (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.

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

   1. (1) the marriage of the individuals listed was solemnized before the date the original marriage license expired;
   2. (2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and

   3. (3) the clerk of the circuit court shall:

      1. (A) accept the order for filing; and
      2. (B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief.
3. (c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate.

4. (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.