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*hb0095*
HOUSE BILL 95
D4 6lr1287
(PRE–FILED) CF SB 355
By: Delegate Simmons
Requested: October 22, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 18, 2026
CHAPTER ______
AN ACT concerning 1
Family Law – Marriage License Applications – Appearance in Court and 2
Affidavits 3
FOR the purpose of requiring both parties to be married, rather than one party, to appear 4
before the clerk of a circuit court to apply for a marriage license ; authorizing the 5
clerk of a circuit court to accept an affidavit rather than an application from both 6
parties to be married in certain circumstances ; and generally relating to marriage 7
license applications. 8
BY repealing and reenacting, with amendments, 9
Article – Family Law 10
Section 2–402(b) 2–402 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2025 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Family Law 15
Section 2–402(d) 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
2 HOUSE BILL 95
Article – Family Law 1
2–402. 2
(a) An applicant for a license may apply to the clerk only at the office of the clerk 3
during regular office hours. 4
(b) Except as provided in subsection (d) SUBSECTIONS (D) AND (E) of this 5
section, to apply for a license, [one of the] BOTH parties to be married shall: 6
(1) appear before the clerk and give, under oath, the following information, 7
which shall be placed on an application form by the clerk: 8
(i) the full legal name of each party; 9
(ii) the place of residence of each party; 10
(iii) the date of birth of each party; 11
(iv) whether the parties are related by blood or marriage and, if so, 12
in which degree of relationship; 13
(v) the marital status of each party; and 14
(vi) whether either party was married previously, and the date and 15
place of each death or judicial determination that ended any former marriage; 16
(2) sign the application form; and 17
(3) provide the clerk with: 18
(i) the Social Security number of each party who has a Social 19
Security number; and 20
(ii) a copy of an official government–issued birth certificate or other 21
official government–issued document or record demonstrating the age STATING THE DATE 22
OF BIRTH of each party. 23
(d) (1) If the pa rties to be married are not residents of the county where the 24
marriage ceremony is to be performed, the clerk shall accept, instead of the application 25
specified in subsection (b) of this section, an affidavit from one BOTH of the parties to be 26
married. 27
(2) The AN affidavit required under paragraph (1) of this subsection shall: 28
HOUSE BILL 95 3
(i) contain the information required by subsection (b) of this section; 1
and 2
(ii) be sworn to under oath before a clerk or other comparable official 3
in the county, state, pr ovince, or country where the party resides ONE OF THE PARTIES 4
RESIDES. 5
(E) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IF A PARTY TO 6
BE MARRIED IS UNABLE TO APPEAR BEFORE A C LERK IN THE COUNTY W HERE THE 7
MARRIAGE IS TO BE PE RFORMED DUE TO MILIT ARY SERVICE, HOSPITALIZATION, 8
INCARCERATION, OR OTHER GOOD CAUSE SHOWN, THE CLERK MAY A CCEPT, 9
INSTEAD OF THE APPLICATION SPECIFIED IN SUBSECTION (B) OF THIS SECTION, AN 10
AFFIDAVIT FROM BOTH OF THE PARTIES TO BE MARRIED. 11
(2) AN AFFIDAVIT REQUIRED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL: 13
(I) CONTAIN THE INFORMATION REQUIRED BY SUBSECTION (B) 14
OF THIS SECTION; 15
(II) STATE THE SPECIFIC R EASON THE PARTY IS U NABLE TO 16
APPEAR IN PERSON; 17
(III) BE SWORN TO UNDER OATH; AND 18
(IV) BE COMPLETED ON A FO RM PROVIDED BY THE C OURT 19
ADMINISTRATOR. 20
(3) THE CLERK MAY REQUEST ADDITIONAL DOCUMENTATION, 21
INCLUDING PROOF OF: 22
(I) MILITARY SERVICE; 23
(II) HOSPITALIZATION; 24
(III) INCARCERATION; OR 25
(IV) OTHER GOOD CAUSE. 26
[(e)] (F) Until a license becomes effective, a clerk may not disclose the fact that 27
an application for a license has been made except to the parent or guardian of a party to be 28
married. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31
4 HOUSE BILL 95
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.