May 18, 2020:
Any issuance of a marriage license application, marriage license,
or witnessing or solemnizing of the marriage ceremony, that is required under
New York State law is authorized to be performed utilizing audio-video
technology provided that the following conditions are met: The couple seeking
the marriage services, must present valid photo ID to verify identity whenever
required by law the during the video conference, not merely transmit it prior
to or after; the video conference must allow for direct interaction between the
couple and the town or city clerk, the witness or the person to solemnize the
marriage (e.g. no pre-recorded videos of the person signing or engaged in the
marriage ceremony); the couple must affirmatively represent that he or she is
physically situated in the jurisdiction where the marriage is legally allowed
to occur, within the State of New York; the couple must transmit by fax or
electronic means a legible copy of the signed document directly to the town or
city clerk, the witnesses, the person to solemnize the marriage on the same
date it was signed; the town or city clerk, witness or person who solemnizes
the marriage may sign the transmitted copy of the document and transmit the
same back to the person responsible for the document by law; to the extent
practicable, all parties will use their best efforts to ensure the document is
transmitted in the most confidential manner and information will not be
released to any third party not associated with the marriage license and
marriage ceremony; and the electronic signed copy of the marriage license
application or marriage license will become the official document for purposes
of Domestic Relations Law. Local town and city clerks may provide guidance
related to how marriage licensure applications and issuance will be implemented
in their jurisdictions.
