1. A. The county clerk shall receive a fee of fifty-five dollars ($55.00) for issuing, acknowledging and recording a marriage license and marriage certificate.

2. B. Fees collected pursuant to Subsection A of this section shall be deposited in the county clerk recording and filing fund; provided that the county treasurer shall remit the fees collected within fifteen days of the last day of each month as follows:

   1. (1) fifteen dollars ($15.00) of each fee shall be remitted to the county general fund;
   2. (2) twenty dollars ($20.00) of each fee shall be remitted to the state treasurer for credit to the children's trust fund; and
   3. (3) twenty dollars ($20.00) of each fee shall be retained by the county clerk.

History: 1953 Comp., § 57-1-10.1, enacted by Laws 1957, ch. 33, § 1; 1977, ch. 253, § 64; 1979, ch. 131, § 1; 1985, ch. 52, § 1; 1986, ch. 15, § 10; 2013, ch. 144, § 8; 2025, ch. 124, § 1.

ANNOTATIONS

Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.

For the state treasurer, see N.M. Const., art. V, § 1 and 8-6-1 NMSA 1978.

For county treasurers, see Chapter 4, Article 43 NMSA 1978.

For the department of health, see Chapter 9, Article 7 NMSA 1978.

For the secretary of health, see 9-7-5 NMSA 1978.

For the children's trust fund, see Chapter 24, Article 19 NMSA 1978.

The 2025 amendment, effective June 20, 2025, raised marriage licensing fees, and adjusted the disposition of the fees collected by the county clerk for the issuance, acknowledgment and recording of marriage licenses; added new subsection designations "A" and "B"; in Subsection A, after "shall receive a fee of" deleted "twenty-five dollars ($25.00)" and added "fifty-five dollars ($55.00)"; in Subsection B, added the introductory clause and paragraph designation "(1)", in Paragraph B(1), after "shall be remitted" deleted "by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust" and added "to the county general", and added Paragraphs B(2) and B(3).

The 2013 amendment, effective June 14, 2013, eliminated the requirement that applicants for a marriage license file physicians’ certifications; in the title, deleted "Certificate required" and added "Fees; disposition"; deleted former Subsection A, which required that applicants for a marriage license file physicians’ certifications that they have had all tests and examinations required by the health and environment department; deleted former Subsection B, which required the health services division to provide a form of certification; deleted former Subsection C, which required the health and environment department to make rules and employ personnel necessary to enforce the certification requirements; and deleted former Subsection D, which permitted county clerks to accept certifications from other states with a premarital law.

Premarital blood tests to be made at any laboratory. — Clearly the statute authorizes the performance of premarital blood tests at any laboratory approved by the department of health and is not confined in its operation to laboratories operated directly by the department. 1958 Op. Att'y Gen. No. 58-140.

Serological tests during pregnancy must be made at laboratory operated directly by state health department (now department of health), although premarital blood tests may be processed by any approved laboratory. 1958 Op. Att'y Gen. No. 58-140.

Repeal of regulations. — The department of health may legally repeal regulations enacted pursuant to this section that require marriage license applicants to obtain and file physician's certificates. 1995 Op. Att'y Gen. No. 95-02.