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402.100
Marriage license -- Marriage certificate -- Confidentiality of Social
Security numbers.
Each county clerk shall use the form prescribed by the Department for Libraries and
Archives when issuing a marriage license. This form shall provide for the entering of all
of the information required in this section, and may also provide for the entering of
additional information prescribed by the Department for Libraries and Archives. The
form shall consist of:
(1) A marriage license which provides for the entering of:
(a) An authorization statement of the county clerk issuing the license for any
person or religious society authorized to perform marriage ceremonies to unite
in marriage the persons named;
(b) Vital information for each party, including the full name, date of birth, place
of birth, race, condition (single, widowed, or divorced), number of previous
marriages, occupation, current residence, relationship to the other party, and
full names of parents; and
(c) The date and place the license is issued, and the signature of the county clerk
or deputy clerk issuing the license.
(2) A marriage certificate which provides for the entering of:
(a) A statement by the person performing the marriage ceremony or the clerk of
the religious society authorized to solemnize the marriage ceremony that the
ceremony was performed. The statement shall include the name and title of
the person performing the ceremony or the name of the religious society
solemnizing the marriage, the names of persons married, the date and place of
the marriage, and the names of two (2) witnesses;
(b) A statement by the person performing the marriage ceremony of his legal
qualification under this chapter to perform the ceremony, such statement to
include the name of the county or city where his license to perform marriage
ceremonies was issued or, in the case of religious societies authorized by KRS
402.050(c) to solemnize marriages, the name of the city or county where the
religious society is incorporated. The provisions of this paragraph shall not be
construed to require the clerk of a religious society to be present at the
marriage so long as the witnesses of the society are present;
(c) A dated signature of the person performing the ceremony; and
(d) A signed statement by the county clerk or a deputy county clerk of the county
in which the marriage license was issued that the marriage certificate was
recorded. The statement shall indicate the name of the county and the date the
marriage certificate was recorded.
(3) A certificate to be delivered by the person performing the marriage ceremony or the
clerk of the religious society performing the marriage ceremony to the parties
married. This certificate shall provide for the entering of:
(a) A statement by the person performing the marriage ceremony or the clerk of
the religious society performing the marriage ceremony that the ceremony was
performed. The statement shall include the name and title of the person
(4)
performing the ceremony, or the name of the religious society performing the
ceremony, the names of persons married, the date and place of the marriage,
the names of two (2) witnesses, and the following information as recorded on
the license authorizing the marriage: the date the license was issued, the name
of the county clerk under whose authority the license was issued, and the
county in which the license was issued; and
(b) A dated signature of the person performing the ceremony or the clerk of the
religious society performing the ceremony.
A Social Security number shall be requested as a means of identification of each
party but shall not be recorded on the marriage license or certificate. Other means of
identification may also be requested if a party does not have a Social Security
number. The Social Security number shall be forwarded to the appropriate agency
within the Cabinet for Health and Family Services that is responsible for enforcing
child support, and the number shall be stored by that agency with a nonidentifying
numeric. The Social Security number shall not be available for public release.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 101, sec. 1, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 99, sec. 621, effective June 20, 2005. -- Amended 2000 Ky. Acts
ch. 428, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 220, sec. 2,
effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 279, sec. 2, effective July 13,
1984. -- Amended 1976 Ky. Acts ch. 15, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2103.
Legislative Research Commission Note. This section was amended by 1984 Ky. Acts
ch. 111, sec. 158, and 1984 Ky. Acts ch. 279, sec. 2, which are in conflict and cannot
be compiled together. Pursuant to KRS 7.123, the amendment in ch. 279, sec. 2, the
nonrevisory Act, prevails.
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