Indiana § 31-11-4-4 - Application; sexually transmitted diseases acknowledgment; lifetime sex or violent offender; religious objections

§ 31-11-4-4. Application; sexually transmitted diseases acknowledgment; lifetime sex or violent offender; religious objections

Sec. 4. (a) An application for a marriage license must be written and verified. The application must contain the following information concerning each of the applicants:

(1) Full name.

(2) Birthplace.

(3) Residence.

(4) Age.

(5) Names of dependent children.

(6) Full name, including the maiden name of a mother, last known residence, and, if known, the place of birth of:

(A) the birth parents of the applicant if the applicant is not adopted; or

(B) the adoptive parents of the applicant if the applicant is adopted.

(7) Whether either of the applicants is a lifetime sex or violent offender, and, if an applicant is a lifetime sex or violent offender, the county and state in which the conviction was entered giving rise to the applicant's status as a lifetime sex or violent offender.

(8) A statement of facts necessary to determine whether any legal impediment to the proposed marriage exists.

(9) Except as provided in subsection (e), an acknowledgment that both applicants must sign, affirming that the applicants have received the information described in section 5 of this chapter, including a list of test sites for the human immunodeficiency virus (HIV). The acknowledgment required by this subdivision must be in the following form:

ACKNOWLEDGMENT

I acknowledge that I have received information regarding serious communicable diseases that are sexually transmitted and a list of test sites for the human immunodeficiency virus (HIV).

__________________________

____________

Signature of Applicant

Date

__________________________

____________

Signature of Applicant

Date

(b) The clerk of the circuit court shall record the application, including the license and certificate of marriage, in a book provided for that purpose. This book is a public record.

(c) The Indiana department of health shall develop uniform forms for applications for marriage licenses. The Indiana department of health shall furnish these forms to the circuit court clerks. The Indiana department of health may periodically revise these forms.

(d) The Indiana department of health shall require that the record of marriage form developed under subsection (c) must include each applicant's Social Security number. Any Social Security numbers collected on the record of marriage form shall be kept confidential and used only to carry out the purposes of the Title IV-D program. A person who knowingly or intentionally violates confidentiality regarding an applicant's Social Security numbers as described in this subsection commits a Class A infraction.

(e) Notwithstanding subsection (a), a person who objects on religious grounds is not required to:

(1) verify the application under subsection (a) by oath or affirmation; or

(2) sign the acknowledgment described in subsection (a)(9).

However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true.

(f) If a person objects on religious grounds to:

(1) verifying the application under subsection (a) by oath or affirmation; or

(2) signing the acknowledgment described in subsection (a)(9);

the clerk of the circuit court shall indicate that fact on the application for a marriage license.

[Pre-1997 Recodification Citation: 31-7-3-3.]

As added by P.L.1-1997, SEC.3. Amended by P.L.213-1999, SEC.8; P.L.86-2002, SEC.5; P.L.244-2019, SEC.4; P.L.112-2020, SEC.57; P.L.56-2023, SEC.252.