N.Y. Domestic Relations Law Section 20-C
Certification of marriage

  • new certificate in case of subsequent change of name or gender

1.

A new marriage certificate shall be issued by the town or city clerk where the marriage license and certificate was issued, upon receipt of proper proof of a change of name or gender designation. Proper proof shall consist of:

(a)

a judgment, order or decree affirming a change of name or gender designation of either party to a marriage;

(b)

an amended birth certificate demonstrating a change of name or gender designation;

(c)

in the case of a change of gender designation, a notarized affidavit from the individual attesting to their change of gender designation; or

(d)

such other proof as may be established by the commissioner of health.

2.

When a new marriage certificate is made pursuant to this section, the town or city clerk shall substitute such new certificate for the marriage certificate then on file, if any, and shall send the state commissioner of health a digital copy of the new marriage certificate in a format prescribed by the commissioner, with the exception of the city clerk of New York who shall retain their copy. The town or city clerk shall make a copy of the new marriage certificate for the local record and hold the contents of the original marriage certificate confidential along with all supporting documentation, papers and copies pertaining thereto. It shall not be released or otherwise divulged except by order of a court of competent jurisdiction.

3.

The town or city clerk shall be entitled to a fee of ten dollars for the amendment and certified copy of any marriage certificate in accordance with the provisions of this section.

4.

The state commissioner of health may, in their discretion, report to the attorney general any town or city clerk that, without cause, fails to issue a new marriage certificate upon receipt of proper proof of a change of name or gender designation in accordance with this section. The attorney general shall thereupon, in the name of the state commissioner of health or the people of the state, institute such action or proceeding as may be necessary to compel the issuance of such new marriage certificate.

Source: Section 20-C — Certification of marriage; new certificate in case of subsequent change of name or gender, https://www.­nysenate.­gov/legislation/laws/DOM/20-C (updated Oct. 14, 2022; accessed Apr. 27, 2024).

10
Marriage a civil contract 10‑A
Parties to a marriage 10‑B
Religious exception 11
By whom a marriage must be solemnized 11‑A
Duty of city clerk in certain cities of the first class 11‑B
Registration of persons performing marriage ceremonies in the city of New York 11‑C
Marriage officers 11‑D
One-day marriage officiant license 12
Marriage, how solemnized 13
Marriage licenses 13‑AA
Test to determine the presence of sickle cell anemia 13‑B
Time within which marriage may be solemnized 13‑C
Twenty-four hour provision waived in certain cases 13‑D
Duty of clerk issuing marriage license 14
Town and city clerks to issue marriage licenses 14‑A
Town and city clerks to issue certificates of marriage registration 15
Duty of town and city clerks 15‑A
Marriages of minors under eighteen years of age 15‑B
Temporary provisions authorizing issuance of marriage license, upon court order, without consent of a parent in armed forces of United St... 16
False statements and affidavits 17
Clergyman or officer violating article 18
Clergymen or officer, when protected 19
Records to be kept by town and city clerks 19‑A
Marriages on vessels 20
Records to be kept by the state department of health and the city clerk of the city of New York 20‑A
Certified transcripts of records 20‑B
Certification of marriage 20‑C
Certification of marriage 21
Forms and books to be furnished 22
Penalty for violation 23
Supervision of and inspection of town and city clerks’ records by state commissioner of health 24
Effect of marriage on legitimacy of children 25
License, when to be obtained
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Oct. 14, 2022

§ 20-C’s source at nysenate​.gov

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