CHAPTER 15

MARRIAGE CEREMONY

 

Sec.

1501.  Form of marriage certificates.

1502.  Forms where parties perform ceremony.

1503.  Persons qualified to solemnize marriages.

1504.  Returns of marriages.

 

Enactment.  Chapter 15 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

§ 1501.  Form of marriage certificates.

The marriage license shall have appended to it two certificates, numbered to correspond with the license (one marked original and one marked duplicate), which shall be in substantially the following form:

(Title of person solemnizing marriage)

 

Cross References.  Section 1501 is referred to in section 1502 of this title.

§ 1502.  Forms where parties perform ceremony.

(a)  Declaration of authorization.--In all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not take place until their right so to do is certified in a declaration in substantially the following form:

Commonwealth of Pennsylvania

ss:

No. ‌

County of (name)

To (name) and (name)

Legal evidence having been furnished to me, in accordance with law, this certifies that I am satisfied that there is no legal impediment to you joining yourselves together in marriage.

(Official Title)

(b)  Marriage certificates.--In lieu of the certificate set forth in section 1501 (relating to form of marriage certificates), there shall be appended to the declaration two certificates, numbered to correspond to the declaration, in the following form:

We, the undersigned, were present at the solemnization of the marriage of (name) and (name), as set forth in the foregoing certificate.

§ 1503.  Persons qualified to solemnize marriages.

(a)  General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part:

(1)  A justice, judge or magisterial district judge of this Commonwealth.

(2)  A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria:

(i)  has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office;

(ii)  has not been defeated for reelection or retention;

(iii)  has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;

(iv)  has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board;

(v)  has not been removed from office by the Court of Judicial Discipline; and

(vi)  is a resident of this Commonwealth.

(3)  An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.

(3.1)  An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth.

(4)  An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.

(5)  A mayor of any city or borough of this Commonwealth.

(5.1)  A former mayor of a city or borough of this Commonwealth who:

(i)  has not been defeated for reelection;

(ii)  has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;

(iii)  has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies;

(iv)  has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and

(v)  is a resident of this Commonwealth.

(6)  A minister, priest or rabbi of any regularly established church or congregation.

(b)  Religious organizations.--Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization.

(c)  Marriage license needed to officiate.--No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.

(June 22, 2000, P.L.443, No.59, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1777, No.232, eff. 60 days; July 14, 2009, P.L.81, No.18, eff. imd.)

 

2004 Amendment.  See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

§ 1504.  Returns of marriages.

(a)  General rule.--The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate certificate shall be signed by the person or by a member of the religious society, institution or organization solemnizing the marriage and returned for recording within ten days to the court which issued the license.

(b)  Marriage performed by parties.--If the marriage was solemnized by the parties themselves, the original certificate shall be signed by the parties to the marriage, attested by two witnesses and retained by the parties contracting the marriage. The duplicate certificate shall be signed by the parties to the marriage, attested by the same two witnesses and returned for recording within ten days to the court issuing the license.