Second Annual
Vitals/County Clerk Staff Workshop
2008
DISCLAIMER / WARNING
This is a training workshop, but local practices do vary from county to
county according to local policy and practice as well as local county
counsel opinions.
No practice or procedure you become aware of as a result of this
workshop should be implemented in your own office without the full
AWARENESS and APPROVAL of the County Clerk or Recorder for whom
you work.
Marriage Registration
System
Consists of:
 County Clerk
 Marriage Officiant
 County Recorder
 Office of Vital Records
 National Center for Health Statistics
County Clerk
Issuance of Marriage Licenses
The County Clerk is responsible for the issuance
of public and confidential marriage licenses. The
County Clerk is the local registrar of confidential
marriages (Family Code Section 511). A
permanent index of all confidential marriages
registered is maintained by the County Clerk.
Marriage License
Forms
The “License and Certificate of
Marriage” (VS117) is the standard
public marriage certificate (Family Code,
Section 359).
The “License and Certificate of
Confidential Marriage” (VS123) is used
by those persons who have been living
together as husband and wife (Family Code,
Section 500).
The “License and Certificate of Marriage
for Denominations not having Clergy
(VS115) is used by persons who are members
of a religious society or denomination not
having clergy (Family Code Section 307).
The “License and Certificate of
Declaration of Marriage” (VS 116) is
used by those persons who wish to declare
an already existing licensed California marriage
where no record of that marriage exists, and it
has been one year or more since the date of
that marriage. (Family Code, Section 425).
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The “Court Order Delayed Certificate of
Marriage” (VS122) is required under any of
the following situations: 1) when a marriage
was performed without the benefit of a license
or when a license has expired before the date
of the ceremony; 2) when the requirements to
be issued a VS 116 cannot be met; 3) to record
a marriage which occurred in another state or
country where the record no longer exists
(Health and Safety Code, Section 103450).
VS 122 Form Court Order Delayed
Certificate of Marriage is a two part form,
which is completed by a superior court clerk.

The “Power of Attorney: California Marriage
License” is required when a member of the Armed
Forces of the United States is stationed overseas
and serving in a conflict of war and is unable to
appear for the license and solemnization of his/her
marriage. The power of attorney must be signed by
the party stationed overseas and acknowledged by a
notary or witnessed by two officers of the United
States, Armed Forces. The power of attorney shall
state the true legal names of the parties to be
married, and that the power of attorney is solely for
the purpose of authorizing the attorney-in-fact to
obtain a marriage license on the person’s behalf and
participate in the solemnization of the marriage.
The original power of attorney shall be part of the
marriage certificate upon registration.
AFFIDAVIT OF INABILITY TO
APPEAR

This may be used if for sufficient reason
one or both parties cannot physically
appear together to apply for the marriage
license [FC 426, 502].

Specifies sufficient reason includes:
Proof of hospitalization
 Incarceration
 Other reason proved to the satisfaction of the
County Clerk
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AFFIDAVIT OF INABILITY TO
APPEAR Con't
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Can be used for either a public or confidential marriage license [FC
426, 502]
Requires the signature of the party who is unable to physically
appear be authenticated by a court or notary public
Requires the affidavit be executed under penalty of perjury by all
parties (bride, groom and person solemnizing the marriage]
Requires the person solemnizing the marriage physically present the
completed affidavit to the County Clerk explaining the reason for the
inability to appear
NOTE: GC 8224(a) prohibits the notary public who has
authenticated the signature(s) of the person(s) who is/are unable to
physically appear in person at the County Clerk’s Office from also
being the person solemnizing this marriage.
Affidavit to Amend a Marriage
Record
(VS 24C) Example when name is too long to fit in boxes.
(VS 24C) Example when adding AKA’s.
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
Application
The application may serve as a transaction record
for the County Clerk and should only be retained
until the certificate is registered or no more than
two years.
Sixty-Day Letter
A list of persons to whom a public marriage license
was issued or the (third) copy of the license is to
be sent by the County Clerk to the County
Recorder’s Office. If the certificate has not been
registered after 60 days, the county recorder must
send a letter alerting the couple to the expiration
date of their license (Family Code, Section 357).
COUNTY CLERK
SPECIFIC RESPONSIBILITIES
County Clerk Specific Responsibilities
The County Clerk or other local official legally
authorized to issue marriage licenses should:

Determine which marriage license to issue.
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Collect required fees.
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Receive the application for a marriage license,
and review the application for completeness,
accuracy, and compliance with the marriage laws
of the State of California.
Complete the personal information about the
bride and groom as required on the marriage
license forms.
Issue the license with the necessary signatures.
County Clerk
Confidential Marriage
Responsibilities
County Clerk
Confidential Marriage Responsibilities
The County Clerk is responsible for maintaining a
permanent record of all confidential marriages (Family
Code, Section 511). Therefore, after the ceremony, the
confidential license is returned to the county clerk to be
registered. Prior to registration the confidential license
is to be reviewed for the following:
1. The date and place of marriage; and
2. Proper completion by the person who performed the
ceremony.
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If the license is not acceptable, contact the couple and/or
the person who performed the ceremony regarding the
problem and how it may be corrected, e.g., duplicate,
declaration, amendment, or court order.
If the license is acceptable, sign and register the
marriage event.
Maintain the original confidential marriage certificate as a
permanent record which shall not be open to public
inspection except upon court order (Family Code, Section
511).
Forward, not less than quarterly, copies of all confidential
marriage certificates to the Office of Vital Records (Family
Code, Section 511).
Purchasing a
Marriage License
Purchasing a Marriage
License
Applicants for a marriage license must be
unmarried male and an unmarried female
 Applicants must be at least 18 years of age to
marry in California.
 Capable of consenting to and consummating
marriage.

(Family Code, Section 301)
MINOR MARRIAGES
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The request for a minor marriage must be filed in Superior Court
[FC 302]
The clerk of the court will file the application and parental consent
If granted, the Court will issue an order authorizing the County Clerk to
issue a marriage license to the couple
The couple will present a certified copy of the order to the County Clerk
at the time the marriage license is issued*
The County Clerk is no longer responsible nor authorized to accept the
minor marriage applications and parental consent forms. Simply direct
the customers to Superior Court and wait for their happy return…..

NOTE: *There is no requirement that the County Clerk retain the
certified copy of the court order authorizing the couple to marry.

Minors may not be issued a confidential marriage license under any
circumstances (Family Code, Section 500).
Proof of age in a foreign language must be officially translated
and certified to be a true and correct translation in the
presence of a notary public.
All persons to be married must purchase a license (Family
Code, Section 359). 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 (Family Code, Section 352).
If parties’ last names are the same, an inquiry must be made to
determine any relationship.
All items on California marriage licenses must be completed
(Health and Safety Code, Sections 102125 and 103775).
Refusal or failure to provide complete information will result in a
license not being issued.
A marriage license is issued immediately if all of the licensing
requirements have been met.
The public marriage license can be used anywhere within
California (not a sea) however it must be registered in the
county of issuance and expires 90 days after the date of the
issuance.
A marriage license shall not be issued if:
The parties are already married to each other or anyone
else, unless they have a judgment of dissolution or annulment.
The parties’ dissolution is not yet final, even if it will be final
before the wedding date.
The parties are married and plan to repeat their vows.
The parties are married outside of California.
A confidential marriage ceremony was previously
performed.
The License and Certificate of Confidential Marriage
must be used in the county where the license was
issued (Family Code, Section 504).
There are no state residency requirements to obtain
a marriage license in California. If all of the marriage
license requirements are met, a license may be
issued regardless of the parties’ current residence.
The License and Certificate of Declaration of
Marriage must be purchased in the county of
residence.
Proxy marriages are not legally valid in California.
Family Code Section 420 adds clarifying language
that the parties shall declare in the physical
presence of the person solemnizing the marriage
and necessary witnesses that they take each other
as husband and wife.
There is no age restriction for witness who signs the
marriage certificate.
ISSUANCE OF
MARRIAGE LICENSE
Except as provided in FC Sections 420(b), 426 or
502, the bride and groom must physically appear
together to apply for the marriage license [FC 359,
501]
If the marriage is to be entered into pursuant to
Family Code 420 (b), the attorney-in-fact must
personally appear at the county clerk’s office with
the party who is not stationed overseas, and
present the original power of attorney duly signed
by the party stationed overseas and acknowledged
by a notary or witnessed by two officers of the
United States Armed Forces.
Identification
Family Code Section 354 requires that “authentic” photo
identification showing the name and date of birth be presented
to the County Clerk at the time the marriage license is issued.
“Authentic” identification is defined as identification that is real
and not duplicate.
Note: It is up to each County Clerk to determine what is
considered authentic identification. Contact your local County
Counsel for guidance.
Credible Witness
Family Code Section 354 states a “credible witness” affidavit
or affidavits may be used in lieu of authentic photo
identification. A “Credible witness” must be at least 18 years
old, of sound mind, and know the person whom they are
identifying. A credible witness affidavit is accepted at the
discretion of the County Clerk. Counties may want to seek
guidance from their County Counsel.
All names of vital statistics documents must be the full,
legal name (e.g., name acquired by birth, adoption,
court-ordered name change, or by naturalization). If the
County Clerk is not satisfied that the form of identification
presented includes the full, legal name, other proof of
identity, such a as a court-ordered name change
document may be required.
Identification presented which is in a language other than
English may need to be independently verified.
Type the license from the application, Issue Date and
Expiration date must be completed.
Present the typed license to the applicants for verification
of information. If any errors, retype/correct at this time.
No erasures, strikeovers, whiteouts, or other types of
alterations can be made on the form. The marriage
certificate is a legal document which must be able to hold
up in court, unchallenged as to its accuracy and
reliability.
Failure to follow the above instructions will result
in delay in the registration of the certificate, and
possibly an additional charge for a duplicate
license.
Sample marriage application
Applicants sign the marriage license. For marriages that
are entered into pursuant to Family Code 420(b), the
attorney-in-fact (AIF) must sign the marriage license on
behalf of the party who is overseas. For example, John
Alan Smith, by: Joseph Brown, AIF.
Accept the applicants’ normal or usual customary
signatures on these forms.
Deputy County Clerk signs the original as the issuing
authority.
The license number is required.
Give verbal instructions regarding the use of the license
within 90 days, and the return of the public marriage
license to Recorder’s Office by the person solemnizing the
marriage within 10 days.
Hand the license to the couple advising them that it is to
be given to the person officiating the marriage ceremony.
Groom/Bride
Personal Data Items
Groom/Bride Personal Data Items
Names:
Enter legal name e.g., by birth, adoption, marriage,
naturalization or court-ordered name change. No
nicknames or abbreviations.
If the individual wants the record to reflect additional
names, an Affidavit to Amend a Marriage Record is
required.
Birthdates:
Enter date of birth: format shall be 01/01/2008
State/Country of birth:
Use the standard two-character state abbreviation. Spell out or use appropriate
abbreviation for a foreign country. If it is known that the applicant was born in a
foreign country or on the high seas, but the name of the country is unknown, enter
“Foreign, Unknown.” If it is known that the applicant was born in the U.S.A., but the
state is unknown, enter “U.S.A., Unknown.” If no information is available, enter
“Unknown.”
# of previous number of marriages/SRDP
Last marriage/Term SRDP ended by: One of the boxes must be checked
Previous # of marriages is 0 the N/A box must be checked
Date ended: If previous marriages are 0 enter a dash
Residence—Street Address:
Effective 01/01/2007 SB 1364 (P.O. Box/ Business
address)
If either of the applicants for or any witness to, a
certificate of registry of marriage and a marriage license
requests, the certificate of registry and the marriage
license shall show the business address or United States
Postal Service post office box for that applicant or witness
instead of the residential address of that person.
Note: If the applicant “lives” in an institution, e.g., prison, enter
The address of the individual’s usual and customary permanent
residence (e.g., the place where he/she lived prior to being
institutionalized. Institutions are not considered permanent
Residences).
City
State/Country
Use the standard two-character state abbreviation.
Zip Code
A minimum of five digits must be entered. If outside the U.S. with no zip code
enter a dash. Do not leave blank.
Full birth name of father/parent
State of birth (Outside the U.S. enter Country)
(Same as instruction above)
Full birth name of mother/parent
State of birth (Outside the U.S. enter Country)
(Same as instruction above)
Format for entering dates
Use two digits for the month followed by a /, two digits
for the day followed by a /, and use four digits for the
century and year.
Where incomplete dates are acceptable the entry is to be
made as: e.g., 01/--/1992, --/05/2000.
Issuing the marriage license:
Present the completed license to the applicants for verification of information. If
any errors are found, correct and reprint at this time.
Affidavit of Bride and Groom
The oath is given to bride and groom according to your Counties policy.
Accept the applicants’ normal or usual customary signatures on these forms.
Marriages that are entered into pursuant to Family Code 420(b) attorney-in-fact.
Deputy County Clerk signs the original as the issuing authority.
Give verbal instructions regarding the use of the license within 90 days, and the
return of the public marriage license to Recorder’s Office by the person
solemnizing the marriage within 10 days.
Give the license to the couple advising them that it is to be given to the person
officiating the marriage ceremony.
Signatures that are made with a mark (X):
Any signature made with a mark (X) must be identified with the
statement. “His mark,” or “Her mark,” and followed by the written signature of
one person who witnessed the signing. The official issuing the license may
sign as the witness. The typed name of the witness must be included. After
the completed certificate has been recorded, do not attach the signature and
statement to the license when submitting to the OVR (October 1985
Newsletter).
Example:
23. Signature of Groom
> “X” “His Mark”
Witness: Jane Doe
Attorney-in-fact signatures: The attorney-in fact (AIF) must sign on
Attorney-in-fact
signature:
behalf of the party
who is stationed over seas.
Example:
24. Signature of Groom
> John Alan Smith, by: Joseph Brown, AIF
Marriage Ceremony
(Who is required to be present?)
Marriage Ceremony
(Who is required to be present)

The marriage license must be reviewed by the marriage Officiant prior to
solemnizing the marriage. Any person who solemnizes a marriage without
first reviewing the license is guilty of a misdemeanor (Penal Code, Section
360).

A public marriage (VS117) in California requires a minimum of four
people: an unmarried male, an unmarried female, a person solemnizing the
marriage, and at least one witness (Family Code, Section 420).

A declaration of marriage (VS 116) requires the signature of both the
husband and wife, and two witnesses to the marriage being declared.
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A denomination which does not have clergy marriage (VS 115) requires
an unmarried male, an unmarried female, and two witnesses.
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A confidential marriage (VS 123) requires an unmarried male, an
unmarried female, a person solemnizing the marriage, and no witnesses.
Commissioner for One-Day
Commissioner for One-Day
Family Code, Section:
401(a) For each county, the county clerk is designated as a commissioner of civil
marriages.
(b) The commissioner of civil marriages may appoint deputy commissioners of civil
marriages who may solemnize marriages under the direction of the commissioner of
civil marriages and shall perform other duties directed by the commissioner.
Penal Code, Section:
70.5 Every commissioner of civil marriages or every deputy commissioner of
civil marriages who accepts any money or other thing of value for performing any
marriage pursuant to Section 401 of the Family Code, including any money or
thing of value voluntarily tendered by the persons about to be married or who have
been married by the commissioner of civil marriages or deputy commissioner of civil
marriages, other than a fee expressly imposed by law for performance of a marriage,
whether the acceptance occurs before o rafter performance of the marriage and
whether or not performance of the marriage is conditioned on the giving of such
money or the thing of value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this section that the
acceptance of the money or other thing of value be committed with intent to commit
extortion or with other criminal intent. This section does not apply to the request or
acceptance by any retired commissioner of civil marriages of a fee for the performance
of a marriage. This section is inapplicable to the acceptance of a fee for the
performance of a marriage on Saturday, Sunday, or a legal holiday.
Confidential Marriages
Confidential Marriage Licenses Issued to Notaries
Family Code, Section 504, provides that a confidential marriage
license issued by the County Clerk to a notary public shall be valid for
a period of 90 days after its issuance by the County Clerk and may
only be used in the county in which it was issued.
The notary must point out the “date expires after” to the couple and
inform them that this is the last day on which the license may be
used.
The notary public is to be informed that she/he will not be refunded
for any marriage licenses which will expire before they can be used
by parties to the marriage.
For a notary to perform the marriage, she/he must be one of the
persons authorized under Family Code, Section 400, e.g., priest,
minister, or rabbi.
AUTHORIZED NOTARIES
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
Increase in the fee to file an application and a
renewal from $175. to $300.
No approval, or renewal of approval shall be
granted unless the notary public shows evidence
of successful completion of a course of
instruction concerning the issuance of
confidential marriage licenses that was
conducted by the County Clerk in the county of
registration [FC 532].
AUTHORIZED NOTARIES con’t
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Extends the course of instruction to a maximum of six
hours [FC 532].
Suggests that you contact your County Counsel for
guidance as to whether or not GC 8224(a) prohibits the
notary public who has acknowledged the signature of
the bride and groom from also being the person
solemnizing this marriage.

GC 8224. A notary public who has a direct financial or
beneficial interest in a transaction shall not perform any
notarial act in connection with such transaction.
AUTHORIZED NOTARIES con’t
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A provision was added requiring the County
Clerk to notify the Secretary of State for
whatever action the SOS deems appropriate if it
is discovered the notary public has engaged in
any of the acts specified in GC 8214.1 (covers
the reasons why the SOS may refuse to appoint,
revoke or suspend a notary)
Requires the County Clerk retain any fees paid
by the notary public when the approval to issue
confidential marriage licenses is revoked, or
when the County Clerk places the authorized
notary on probation or suspension [FC 535].
DUPLICATE LICENSES

If a marriage license is lost, damaged, or destroyed after the
ceremony, but before it is returned to the county recorder, or
deemed unacceptable for registration by the county recorder, the
person solemnizing the marriage, in order to comply with Section
359, shall obtain a duplicate marriage license by filing an affidavit
setting forth the facts with the county clerk of the county in which the
license was issued [FC 360, 510].

The duplicate license may only be issued within one year of the
issuance date on the original license, and must be registered within
one year of the issuance date shown on the original license. NOTE:
The issuance date on the duplicate license will be the same as the
issuance date on the original license, just be sure it’s registered prior
to one year of the date shown in Box 25A on the marriage license.

The County Clerk may charge a fee to cover the actual cost of
issuing a duplicate marriage license.
Procedures
Upon presentation of an affidavit by the Officiant setting forth
all the facts and payment is accepted, a duplicate certificate
of marriage may be issued to the person who solemnized the
marriage when the original certificate has been lost,
destroyed, or is unacceptable for registration, e.g., registered
in wrong county, illegible, whiteout, erasures, etc.
The affidavit is to be filed with the County Clerk of the county
in which the license was issued. When the affidavit is
completed and signed, type the duplicate certificate from the
facts set forth. Type “DUPLICATE” at the top of the
certificate directly above the title of the form.
Signatures
The only signature required is that of the person who solemnized
the marriage. If present at the time of issuance, the bride,
groom, and witness may sign the duplicate certificate. However
when the bride, groom, and witness are not present, their names
are to be typed as follows:
Example:
23 Signature of Groom/Husband
> /s/ Julio Iglesias
24 Signature of Bride/Wife
> /s/ Maria Aguilera
Special Circumstances
In the event that the husband or wife is deceased, a duplicate
certificate of marriage may be issued to the person who solemnized
the marriage, on behalf of the surviving spouse, within one year from
the date the license was issued. If more than one year has
passed, a Court Order Delayed Certificate of Marriage (VS 122) will
be required to record the event.
If both the husband and wife are deceased, a VS 122 if required to
record the marriage.
When a duplicate certificate is required and the person who
solemnized the marriage is deceased, a VS 122 is required.
Replacement Licenses

If a marriage license is lost, damaged or
destroyed before a marriage ceremony
takes place, the applicants must purchase
a new marriage license and the old license
shall be void [FC 360].
Copies of Confidential Marriages
Copies may be obtained only by a party to the marriage, or by order of the
Superior Court.
Either party to the confidential marriage (husband or wife) may obtain a certified
copy from the County Clerk of the county in which the certificate was filed, by
doing one of the following:
Submitting the application that was provided at the time of the issuance of the
marriage license along with the required fee; this request form is for the
convenience of the husband and wife to obtain certified copies by mail. It may
be utilized at any time after the ceremony and need not be notarized.
Appearing in person, paying the fee, and providing proper identification to the
County Clerk where the certificate is filed.
Copies of Confidential Marriages

A new provision was added that a party to the marriage
can either mail or fax their written request for a certified
copy of their confidential marriage certificate to the
County Clerk provided their signature has been
acknowledged by a notary public or county clerk in the
party’s county of residence [FC 509]. NOTE: These
request will be handled similar to birth, death requests
received through Vitalchek
Persons other than a party to the marriage may receive a written
acknowledgement that a marriage took place. The written acknowledgment
must be certified and may be presented on letterhead or on a form developed
by the County Clerk. Upon receipt of the current fee, the County Clerk may
conduct a search for a confidential marriage certificate for the purpose of
confirming the existence of a marriage; however, the date of the marriage
and any other information contained in the certificate shall not be
disclosed except upon court order.
If no record is found, the fee is retained and the requester may be issued a
Certification of No Record/ Certificate of Record. The following samples can
be adapted for local use.
This concludes this session of the
Vitals/County Clerk Workshop
County Clerk
Issuance of Marriage Licenses