CODE OF VIRGINIA

RECORDS OF MARRIAGES; DUTIES OF OFFICER ISSUING MARRIAGE LICENSE AND PERSON
OFFICIATING AT CEREMONY; BLOCKING OF SOCIAL SECURITY NUMBER (§ 32.1-267)

A. For each marriage performed in the Commonwealth, a record showing personal
data, including but not limited to age and race 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 of this section 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
of this section, so long as access to such number is blocked.

HISTORY: 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.