2005 California Family Code Sections 350-360 PART 2. MARRIAGE LICENSE AND CERTIFICATE OF REGISTRY

350.  (a) Before entering a marriage, or declaring a marriage
pursuant to Section 425, the parties shall first obtain a marriage
license from a county clerk.
   (b) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall appear before the
county clerk on behalf of the party who is overseas, as prescribed in
subdivision (a).
351.  The marriage license shall show all of the following:
   (a) The identity of the parties to the marriage.
   (b) The parties' real and full names, and places of residence.
   (c) The parties' ages.
352.  No marriage license shall be granted if either of the
applicants lacks the capacity to enter into a valid marriage or is,
at the time of making the application for the license, under the
influence of an intoxicating liquor or narcotic drug.
353.  If an applicant for a marriage license is under the age of 18
years, the license may be granted only if both parties are capable of
consenting to and consummating marriage as provided for in Section
302, and the consent or court order required by Section 303 are filed
with the county clerk.
354.  (a) Each applicant for a marriage license may be required to
present authentic identification as to name.
   (b) For the purpose of ascertaining the facts mentioned or
required in this part, if the clerk deems it necessary, the clerk may
examine the applicants for a marriage license on oath at the time of
the application.  The clerk shall reduce the examination to writing
and the applicants shall sign it.
   (c) If necessary, the clerk may request additional documentary
proof as to the accuracy of the facts stated.
   (d) Applicants for a marriage license shall not be required to
state, for any purpose, their race or color.
   (e) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall comply with the
requirements of this section on behalf of the applicant who is
overseas, if necessary.
355.  (a) The forms for the application for a marriage license and
the marriage license shall be prescribed by the State Department of
Health Services, and shall be adapted to set forth the facts required
in this part.
   (b) The form for the application for a marriage license shall
include an affidavit on the back, which the applicants shall sign,
affirming that they have received the brochure provided for in
Section 358.  If the marriage is to be entered into pursuant to
subdivision (b) of Section 420, the attorney-in-fact shall sign the
affidavit on behalf of the applicant who is overseas.
   (c) The affidavit required by subdivision (b) shall state:
                                AFFIDAVIT
      I acknowledge that I have received the brochure titled
___________
   ______________________________________
________________________
            Signature of Bride                             Date
   ______________________________________
________________________
            Signature of Groom                             Date
356.  A marriage license issued pursuant to this part expires 90
days after its issuance.  The calendar date of expiration shall be
clearly noted on the face of the license.
357.  (a) The county clerk shall number each marriage license issued
and shall transmit at periodic intervals to the county recorder a
list or copies of the licenses issued.
   (b) Not later than 60 days after the date of issuance, the county
recorder shall notify licenseholders whose certificate of registry
has not been returned of that fact and that the marriage license will
automatically expire on the date shown on its face.
   (c) The county recorder shall notify the licenseholders of the
obligation of the person solemnizing their marriage to return the
certificate of registry and endorsed license to the recorder's office
within 10 days after the ceremony.
358.  (a) The State Department of Health Services shall prepare and
publish a brochure which shall contain the following:
   (1) Information concerning the possibilities of genetic defects
and diseases and contain a listing of centers available for the
testing and treatment of genetic defects and diseases.
   (2) Information concerning acquired immune deficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
   (3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
   (b) The State Department of Health Services shall make the
brochures available to county clerks who shall distribute a copy of
the brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notary publics
receiving a confidential marriage license pursuant to Section 503.
   (c) Each notary public authorizing a confidential marriage under
Section 503 shall distribute a copy of the brochure to the applicants
for a confidential marriage license.
   (d) To the extent possible, the State Department of Health
Services shall seek to combine in a single brochure all statutorily
required information for marriage license applicants.
359.  (a) Applicants for a marriage license shall obtain from the
county clerk issuing the license, a certificate of registry of
marriage.
   (b) The contents of the certificate of registry are provided in
Part 1 (commencing with Section 102100) of Division 102 of the Health
and Safety Code.
   (c) The certificate of registry shall be filled out by the
applicants, in the presence of the county clerk issuing the marriage
license, and shall be presented to the person solemnizing the
marriage.
   (d) The person solemnizing the marriage shall complete the
certificate of registry and shall cause to be entered on the
certificate of registry the signature and address of one witness to
the marriage ceremony.
   (e) The certificate of registry shall be returned by the person
solemnizing the marriage to the county recorder of the county in
which the license was issued within 10 days after the ceremony.
   (f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
360.  (a) If a certificate of registry of marriage is lost or
destroyed after the marriage ceremony but before it is returned to
the county recorder, the person solemnizing the marriage, in order to
comply with Section 359, shall obtain a duplicate certificate of
registry by filing an affidavit setting forth the facts with the
county clerk of the county in which the license was issued.
   (b) The duplicate certificate of registry may not be issued later
than one year after issuance of the original license and shall be
returned by the person solemnizing the marriage to the county
recorder within 10 days after issuance.
   (c) The fee for issuing the duplicate marriage license and
certificate of registry is five dollars ($5).