North Carolina § 51-8 - License issued by register of deeds.

§ 51-8. License issued by register of deeds.

Every register of deeds shall, upon proper application, issue a license for the marriage of any two persons who are able to answer the questions regarding age, marital status, and intention to marry, and, based on the answers, the register of deeds determines the persons are authorized to be married in accordance with the laws of this State. In making a determination as to whether or not the parties are authorized to be married under the laws of this State, the register of deeds may require the applicants for the license to marry to present certified copies of birth certificates or such other evidence as the register of deeds deems necessary to the determination. The register of deeds may administer an oath to any person presenting evidence relating to whether or not parties applying for a marriage license are eligible to be married pursuant to the laws of this State. Each applicant for a marriage license shall provide on the application the applicant's social security number. If an applicant does not have a social security number and is ineligible to obtain one, the applicant shall present a statement to that effect, sworn to or affirmed before an officer authorized to administer oaths. Upon presentation of a sworn or affirmed statement, the register of deeds shall issue the license, provided all other requirements are met, and retain the statement with the register's copy of the license. The register of deeds shall not issue a marriage license unless all of the requirements of this section have been met. (Expiring August 1, 2020 - see notes) Notwithstanding subsection (a) of this section, throughout the duration of any declaration of emergency issued under G.S. 166A-19.20, any register of deeds may issue a license for marriage via remote audio-video communication provided the register of deeds can positively identify each applicant before the register of deeds. History (1871-2, c. 193, s. 5; Code, s. 1814; 1887, c. 331; Rev., s. 2088; C.S., s. 2500; 1957, c. 506, s. 1; 1967, c. 957, s. 2; 1997-433, s. 4.5; 1998-17, s. 1; 1999-375, s. 1; 2001-62, s. 8; 2002-159, s. 14; 2020-3, s. 4.13(a).) Cross References. - For decisions relating to this section and G.S. 51-17, see note to G.S. 51-17. Editor's Note. - Session Laws 2001-62, s. 16, provides: "The Administrative Office of the Courts shall develop any and all forms necessary for carrying out the purpose of this act and distribute them to the Office of the Clerk of Superior Court in each county." Session Laws 2020-3, s. 4.13(c), made subsection (b), as added by Session Laws 2020-3, s. 4.13(a), effective May 4, 2020, and applicable to any marriage license issued on or after February 1, 2020, and provided further that the amendment expires August 1, 2020, and any marriage license issued on or before that date shall be valid for 120 days. Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2020-3, s. 4.13(a), designated the previously existing provisions as subsection (a); and added subsection (b). For effective date, applicability, and expiration date, see editor's note.