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RULE §181.25Application for Marriage License and Affidavit of Correction to Marriage License

(a) The Vital Statistics Unit shall furnish application forms for a marriage license to each county clerk in the format as prescribed by the State Registrar.

(b) The application form shall contain at a minimum the items and information prescribed in the Texas Family Code, §2.004.

(c) When reproduced locally by the county clerk, the form shall be identical in content, format, and size as prescribed by the Vital Statistics Unit.

(d) Although the Vital Statistics Unit is the custodian of marriage applications in the State of Texas, the county of record is the custodian of all marriage licenses it registers. Therefore, any amendment to the marriage license will be reflected at the county, and not at the state level.

(e) To amend the marriage license, both parties are responsible for executing a notarized affidavit stating the error.

(f) The affidavit to amend the marriage license must contain:

  (1) the full names of applicants, including the maiden surname of the female applicant;

  (2) the date on which the marriage occurred;

  (3) a statement identifying the error to be corrected; and

  (4) the corrected statement.

(g) Upon receipt of the notarized affidavit, the county clerk shall file it as an amendment to the marriage license.

(h) The affidavit is considered part of the marriage license.

(i) The county clerk shall include a copy of the affidavit with any future certified copy of the marriage license issued by the clerk.

Source Note: The provisions of this §181.25 adopted to be effective November 19, 1991, 16 TexReg 6297; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective August 11, 2013, 38 TexReg 4896

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