2019 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 1 - Marriage in General
Section 40-1-11 - Fees; disposition.
The county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted 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 fund.
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.
ANNOTATIONSCross 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 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.
