2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 1 - Marriage in General
Section 40-1-15 - Certification of marriage; recording and indexing.
A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate cause it to be properly recorded and indexed in a permanent record as a part of the county records.
B. The county clerk may issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk. The county clerk shall issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage to correct an error on the document upon order of the district court.
History: Laws 1905, ch. 65, § 4; Code 1915, § 3438; C.S. 1929, § 87-114; 1941 Comp., § 65-113; 1953 Comp., § 57-1-13; 2013, ch. 144, § 10.
ANNOTATIONSCross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment, effective June 14, 2013, provided for correction of marriage certificates; added the title; in Subsection A, in the first sentence, after "duty of all persons", deleted "performing the marriage ceremony" and added "solemnizing the contract of marriage", after "from the date of the marriage", added "ceremony"; and in the second sentence, at the beginning of the sentence, added "Upon ensuring the information on the certificate is complete and legible, the", and after "permanent record", deleted "book kept for that purpose"; and added Subsection B.
Lack of evidence of license does not rebut presumption. — Mere lack of evidence of a record of the issuance of a license or of a ceremonial marriage is not sufficient to rebut the presumption of a ceremonial marriage. Trower v. Board of Cnty. Comm'rs, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109, overruled on other grounds by Panzer v. Panzer, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888.
Clerk's duty absolute even if marriage performed in other county. — The county clerk's duty to record marriage certificates is absolute and it cannot be avoided by the fact that the marriage was not performed in his county. 1943 Op. Att'y Gen. No. 43-4225.
