Amendment of Title 51 of the Rules of the City of New York regarding Marriage Licenses and Domestic Partnership Registration

OFFICE OF THE CITY CLERK

Notice of Adoption

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the City Clerk of the City of New York by Section 48 of the New York City Charter and in accordance with the requirements of Section 1043 of the New York City Charter, that the City Clerk hereby amends Title 51 of the Rules of the City of New York.  New material is indicated by underlining. Deleted material is indicated by [bracketing].

The public hearing was held on June 26, 2008. 

This notice, the rule, and the statement of basis and purpose will be available for at least 90 days on the City Clerk's website at:

http://www.cityclerk.nyc.gov

Amendment to Rules

New material is indicated by underlining. Deleted material is indicated by [bracketing].

Section 1. Section 3-01 of Title 51 of the Rules of the City of New York is amended to read as follows:

§ 3-01 Marriage License Application Forms.

(a) Both parties must be present in order to obtain a blank marriage license application. The prospective bride and prospective groom must fill out the application in the City Clerk's office and present it for processing.

(b) Under no circumstances shall a clerk give out a blank application for a marriage license unless both the prospective bride and prospective groom are personally present before that clerk, except that where, for religious or health reasons or, in the sole discretion of the City Clerk, by reason of other exigent circumstances, both parties to the marriage cannot be present at the same time, the City Clerk may waive the requirement imposed by subdivision (a) of this section.

(c) The foregoing do not apply to cases where City Clerk personnel must issue a marriage license in a prison or a hospital or where the parties have submitted the application for a marriage license  by electronic means.

Section 2. Subdivision (a) of section 4-08 of Title 51 of the Rules of the City of New York is amended to read as follows:

§ 4-08 Registration Fees.

(a) The registration fee for filing a domestic partnership is thirty-[six] five dollars.

Statement of Basis and Purpose: These amendments to the Rules of the City Clerk provide for several changes that modernize and otherwise facilitate the procedure for applying for marriage licenses in New York City. First, the two parties applying for a marriage license will be allowed to do so individually and at different times in certain circumstances. The Office of the City Clerk has encountered instances where for religious reasons both bride-to-be and groom-to-be cannot be present in the same place at the same time. This rule change permits an application to be made under such circumstances, as well as under other exigent circumstances as the City Clerk deems appropriate.  A further change enables applicants for a marriage license to submit their application via the Internet, shortening the time needed to process applications and improving the performance of the Office of the City Clerk and its ability to satisfy applicants. Finally, the Office of the City Clerk is reducing the registration fee for domestic partnership by one dollar, making it equal to the total cost of a marriage license and the initial marriage certificate.