One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the marriage by entering the new name in the appropriate space provided on the marriage license. The new name must consist of one of the following options:
- the surname of the other spouse;
- any former surname of either spouse;
- a name combining into a single surname all or a segment of the premarriage surname or any former surname of each spouse;
- a combination name separated by a hyphen or a space, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.
One or both parties to a marriage may elect to change the middle name by which he or she wishes to be known after the marriage by entering the new name in the appropriate space provided on the marriage license. The new middle name must consist of one of the following options:
- the current surname of the spouse electing to change his or her name;
- any former surname of the spouse electing to change his or her name;
- the surname of the other spouse.
The use of this option will provide a record of your change of name. The marriage certificate, containing the new name, if any, is proof that the use of the new name, or the retention of the former name, is lawful. The local Social Security Administration office should be contacted so that its records and your social security identification card reflect the name change. There is no charge for this service.
Whether you decide to use or not use this option at the time of your marriage license application, you still have the right to adopt a different name through usage at some future date. However, your marriage license cannot be changed to record a surname you decide to use after your marriage.
If you plan to use your married name at work, be sure to have your name changed in Social Security records. This way, you will get credit for all your earnings. It's easy and it's absolutely free. Contact any Social Security office. You can find the address and phone number of your local Social Security Office at http://www.ssa.gov. You will need documentary evidence showing both your old name and your new name.
Where can a marriage take place?
A New York State marriage license may be used within New York State only. Please note that if you go out of New York State to be married, your New York State marriage license will not be filed in New York State.
What about the ceremony?
There is no particular form or ceremony required except that the parties must state in the presence of an authorized public official or authorized member of the clergy and at least one other witness that each takes the other as his or her spouse.
There is no minimum age for a witness. However, in selecting a witness, choose at least one person who you feel would be competent to testify in a court proceeding as to what he or she witnessed.
Who can perform a marriage ceremony?
To be valid, a marriage ceremony must be performed by any of the individuals specified in Section 11 of the New York State Domestic Relations Law. These include:
- the current or a former governor;
- the mayor of a city or village;
- the former mayor, the city clerk or one of the deputy city clerks of a city of more than one million inhabitants;
- a marriage officer appointed by the town or village board or the city common council;
- a member of the New York state legislature;
- a justice or judge of the following courts: the U.S. Court of Appeals for the Second Circuit, the U.S. District Courts for the Northern, Southern, Eastern or Western Districts of New York, the New York State Court of Appeals, the Appellate Division of the New York State Supreme Court, the New York State Supreme Court, the Court of Claims, the Family Court, a Surrogates Court, the Civil and Criminal Courts of New York City (including Housing judges of the Civil Court) and other courts of record;
- a village, town or county justice;
- a member of the clergy or minister who has been officially ordained and granted authority to perform marriage ceremonies from a governing church body in accordance with the rules and regulations of the church body;
- a member of the clergy or minister who is not authorized by a governing church body but who has been chosen by a spiritual group to preside over their spiritual affairs;
- other officiants as specified by Section 11 of the Domestic Relations Law.
The person performing the ceremony must be registered with the City of New York in order to perform a ceremony within the New York City limits. The officiant does not have to be a resident of New York State. Ship captains are not authorized to perform marriage ceremonies in New York State.
Where do you get copies of records?
For copies of marriage licenses issued anywhere in New York State except the five (5) boroughs of New York City, a certified copy of the marriage record may be obtained from the office of the town or city clerk who issued the license, or from the New York State Department of Health. The fee is $10 if you obtain a certified copy from the town or city clerk who issued the license. If applying to the New York State Department of Health, the fee is $30. For a certified copy, write to:
- New York State Department of Health
Bureau of Vital Records Certification Unit
P.O. Box 2602
Albany, New York 12220-2602