A. For each marriage performed in the Commonwealth, a record showing personal data, including the age of the married parties, the marriage license, and the certifying statement of the facts of marriage, shall be filed with the State Registrar as provided in this section.
B. The officer issuing a marriage license shall prepare the record based on the information obtained under oath or by affidavit from the parties to be married. The parties shall also include their social security numbers or other control numbers issued by the Department of Motor Vehicles pursuant to § 46.2-342 and affix their signatures to the application for such license.
C. Every person who officiates at a marriage ceremony shall certify to the facts of marriage and file the record in duplicate with the officer who issued the marriage license within five days after the ceremony. In the event such officiant dies or becomes incapacitated before completing the certificate of marriage, the official who issued the marriage license shall complete the certificate of marriage upon the order of the court to which is submitted proof that the marriage was performed.
D. Every officer issuing marriage licenses shall on or before the tenth day of each calendar month forward to the State Registrar a record of each marriage filed with him during the preceding calendar month.
E. The State Registrar shall furnish forms for the marriage license, marriage certificate, and application for marriage license used in the Commonwealth. Such forms shall be configured so as to cause the social security number or control number required pursuant to the provisions of subsection B to appear only on the application for marriage license retained by the officer issuing the marriage license and the copy of such license forwarded to the State Registrar pursuant to the provisions of subsection D.
F. Applications for marriage licenses filed on and after July 1, 1997, and marriage registers recording such applications, which have not been configured to prevent disclosure of the social security number or control number required pursuant to the provisions of subsection B shall not be available for general public inspection in the offices of clerks of the circuit courts. The clerk shall make such applications and registers available for inspection only (i) upon the order of the circuit court within which such application was made or register is maintained, (ii) pursuant to a lawful subpoena duces tecum issued to the clerk, (iii) upon the written authorization of either of the applicants, or (iv) upon the request of a law-enforcement officer or duly authorized representative of the Division of Child Support Enforcement in the course of performing his official duties. Nothing in this subsection shall be construed to restrict public access to marriage licenses or to prohibit the clerk from making available to the public applications for marriage licenses and marriage registers stored in any electronic medium or other format that permits the blocking of the field containing the social security or control number required pursuant to the provisions of subsection B, so long as access to such number is blocked.
Code 1950, § 32-353.34; 1968, c. 318; 1972, c. 92; 1979, c. 711; 1997, cc. 794, 898; 2001, c. 836; 2002, c. 832; 2003, c. 504; 2004, c. 88; 2005, c. 679; 2020, cc. 209, 210, 211.
Structure Code of Virginia
§ 32.1-251. State Registrar; appointment
§ 32.1-252. State Registrar; duties; delegations
§ 32.1-253. Same; establishment of registration districts
§ 32.1-254. County and city registrars designated; deputies; special registrars
§ 32.1-255. Duties of county, city and special registrars and deputies
§ 32.1-256. Fees of special registrars
§ 32.1-257. Filing birth certificates; from whom required; signatures of parents
§ 32.1-257.1. Parents to report social security account number at time of child's birth
§ 32.1-258. Report of foundling; constitutes birth certificate
§ 32.1-258.1. Certificate of Birth Resulting in Stillbirth; requirements
§ 32.1-262. Records of adoptions
§ 32.1-265. Transit permits; permits for disinterment and reinterment
§ 32.1-266. Extending time for filing death certificates and obtaining out-of-state transit permits
§ 32.1-268. Reports of divorces and annulments
§ 32.1-268.1. Compilation and posting of marriage, divorce, and annulment data
§ 32.1-269. Amending vital records; change of name; acknowledgment of paternity
§ 32.1-272. Certified copies of vital records; other copies
§ 32.1-273. Fees for certified copies, searches of files, etc.; disposition
§ 32.1-273.1. Virginia Vital Statistics Automation Fund
§ 32.1-275. Information as to births, deaths, marriages and divorces to be furnished on demand
§ 32.1-275.1. Matching of birth and death certificates; marking of certificates and copies