Current through Register Vol. 47, No. 6, September 18, 2024
All Iowa marriages registered one year or more after the date
of the marriage shall be prepared on the Delayed Certificate of Marriage form.
The state registrar shall require documentary evidence to establish the facts
of the marriage pursuant to Iowa Code section
144.16
and subrule 98.7(2). The delayed marriage record shall be registered and
maintained solely at the state registrar's office.
(1)
Application. A completed
Delayed Certificate of Marriage form shall be signed before a notary by both
parties to the marriage and filed with the state registrar.
(2)Facts to be established.
a. The applicant shall submit a notification
of record search certified by the state registrar, which shall indicate that no
prior certificate of marriage is on file for the persons whose delayed marriage
record is to be filed. The notification of record search shall be returned to
the applicant and shall not be exchanged for a certified copy of delayed
certificate of marriage.
b. The
applicant shall substantiate the following with documentary evidence:
(1) The county in Iowa where the license to
marry was issued;
(2) The full name
of the registrants before and after the marriage;
(3) The date and place of the marriage in
Iowa;
(4) The full names of the
registrants' parents;
(5) The full
names of the two witnesses present at the marriage ceremony; and
(6) The full name and address of the
officiant who performed the marriage ceremony.
(3)Documentary evidence.
a. To be acceptable for purposes of
registration by the state registrar, the delayed certificate of marriage must
be supported by:
(1) All of the following:
1. A copy of the issued license to marry in
Iowa or the completed application for the license to marry in Iowa secured from
the county registrar in the county where the license to marry was
issued;
2. A notarized affidavit
from two witnesses to the wedding ceremony attesting to the facts of the
marriage; and
3. A certified copy
transcribed from the official records where the marriage was performed
including the date and place of such marriage as attested to by the custodian
of such records; or
(2)
An affidavit of the person who performed the ceremony documenting that there
was a marriage and the date and place of such marriage.
b. The state registrar may require additional
documentary evidence to prove the facts of the marriage event.
(4)
Abstraction and
certification by the state registrar. The state registrar shall
abstract on the Delayed Certificate of Marriage form a description of each
document submitted to support the facts of the marriage event. This abstract
shall include:
a. The title, description and
signatory from each document presented;
b. The date of the original filing of the
document being abstracted; and
c.
The facts of the marriage event as established pursuant to paragraph
98.7(2)"b."
(5)
Acceptance of documentary
evidence for registration. All documents submitted in support of the
delayed registration shall be returned to the applicant after review,
abstraction, and registration. The state registrar shall by signature certify
that:
a. No prior certificate of marriage is
on file for the registrants;
b. The
evidence has been reviewed and substantiates the facts of the marriage event;
and
c. The abstract of the evidence
appearing on the delayed certificate of marriage accurately reflects the nature
and content of the document.
(6)Denial of registration.
In the absence of adequate substantiating evidence or if the state registrar
finds reason to question the validity or adequacy of the evidence required to
establish a delayed certificate of marriage, the state registrar shall not
register the delayed record.
a. The written
notice of rejection from the state registrar shall include:
(1) The Delayed Certificate of Marriage form
stamped "rejected"; and
(2) The
Delayed Evidence Refusal form.
b. Applications for delayed certificates
which have not been completed within one year from the date of application may
be dismissed at the discretion of the state registrar. Upon dismissal, the
state registrar shall advise the applicant, and all documents submitted in
support of such registration shall be returned to the applicant. The state
registrar shall provide information related to the applicant's right of appeal
to the district court.
c. If a
request to establish a delayed certificate of marriage is rejected under the
provisions of Iowa Code section
144.16,
a petition may be filed with the district court for an order to establish a
delayed certificate of marriage. The petition shall:
(1) Be made on a form prescribed and
furnished by the state registrar.
(2) Allege that diligent efforts by the
petitioner have failed to obtain the evidence required in accordance with Iowa
Code section
144.16.
(3) Allege that the state registrar has
refused to establish the delayed certificate of marriage.
(4) Include such other allegations as may be
required.
(5) Be accompanied by a
statement of the registration official made in accordance with Iowa Code
section
144.16
and all documentary evidence which was submitted to the registration official
in support of such registration.
(6) Be verified by the petitioner.
(7)Duties of county
registrar. The county registrar may assist the applicant in the
completion and notarization of the delayed form, excluding the portion
restricted for state use only. The county registrar may forward the partially
completed delayed form, documents and fees to the state registrar for final
review and possible acceptance.
(8)Fees. Administrative and
certified copy fees shall be charged as provided in rule
641-95.6 (144).
