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This entry was published on 2022-05-06
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SECTION 20-C
Certification of marriage; new certificate in case of subsequent change of name or gender
Domestic Relations (DOM) CHAPTER 14, ARTICLE 3
* § 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.

* NB Effective October 9, 2022