(a)
- (1) On written request, made under penalty of perjury, of both parties to a marriage, the clerk for the county that issued the marriage license shall issue a new marriage record in accordance with this section if the clerk received satisfactory proof that a court of competent jurisdiction, regardless of location, has issued an order for a change of name for a party to the marriage.
- (2) On the presentation of a death certificate for a party to a marriage, the clerk for the county that issued the marriage license shall accept a request made under paragraph (1) of this subsection from the other party to the marriage.
- (3) On the presentation of an order of the court instructing a marriage record to be changed, the clerk for the county that issued the marriage license shall accept a request under paragraph (1) of this subsection without a written request of both parties.
(b)
(1) A new marriage record issued under this section shall:
- (i) if the original marriage record designates the gender of the parties, including by using the terms “bride”, “groom”, “wife”, or “husband”, designate the parties using gender-neutral language; and
- (ii) if the name of a party to the marriage has been changed at any time, reflect the name that was most recently established and for which a certified order of change of name or other appropriate evidence has been submitted to the clerk.
(2) A new marriage record issued under subsection (a) of this section may not:
- (i) be marked “amended”; or
(ii) show on its face that a change has been made to:
- 1. a name of a party; or
- 2. if applicable, a gender designation.
(c)
(1) If a new marriage record is issued, the clerk shall:
- (i) substitute the new electronic marriage record for the existing marriage record then on file; and
- (ii) report and transmit a copy of the new marriage record to the Secretary of Health in accordance with § 2-503 of this title.
- (2) After a marriage record is changed under this section, any certified copy of the marriage record that is issued shall be a copy of the new marriage record, unless a court of competent jurisdiction orders the issuance of a copy of the original marriage record.
Added by Acts 2022, c. 540, § 1, eff. Oct. 1, 2022.