Art. 74.3.1.Marriage of Persons; Waiver of Certain Information

Book I. Courts, Actions, and Parties · Title I. Courts · Chapter 2. Venue · Enacted 2017 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 74.3.1 lets an applicant for a marriage license who cannot supply the usual identifying documents ask a court for a waiver, sets which courts can grant it, and fixes venue in the parish where the license application is made.

Full Text of Art. 74.3.1

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A. A person applying for a marriage license who is unable to provide a birth certificate, letter required by R.S.9:227, a valid and unexpired passport, or visa accompanied by Form I-94 as issued by the United States may provide a Certificate of Naturalization by the U.S. Citizenship and Immigration Authority. A person applying for a marriage license who is unable to provide a social security number may provide a driver's license, a government issued identification card, a passport, a visa issued by the United States Department of State, or a Certificate of Naturalization issued by the United States Citizenship and Immigration Services. A person applying for a marriage license who is unable to comply with the requirements of this Article may seek judicial authorization for waiver of the requirements of this Article. The court may grant the waiver and order the issuance of the marriage license if, after hearing and good cause shown, the court finds that such relief is appropriate and that the person has complied with other legal requirements for the marriage license. The hearing may be conducted in camera, and before a duty judge. The written order granting the waiver shall be attached to the marriage license application. If the court denies the waiver, the court shall provide reasons for the denial of the waiver.

B. The judicial authorization may be granted by the district court, parish court, family court, or juvenile court, in the parish in which the marriage license application is made, or by the First or Second City Court of the City of New Orleans if such application is made within their territorial jurisdiction, or by a justice of the peace court or city court if the issuing official is located within the justice of the peace or city court's territorial jurisdiction.

C. The provisions of this Article are in addition to any other right or remedy provided by law, are notwithstanding any other provision of law to the contrary, and shall supersede and control to the extent of conflict with any other provision of law.

End

Amendment History

Added by Acts 2017, No. 419, §1, eff. 8/1/2017.

Plain-English Summary

Louisiana's marriage-license process ordinarily calls for documents like a birth certificate, a specific statutory letter, or valid passport or visa paperwork, along with a social security number. Article 74.3.1 addresses applicants who cannot produce one or more of these. It first offers substitute documents — a Certificate of Naturalization in place of the standard identity documents, or a driver's license, government-issued identification card, passport, State Department visa, or Certificate of Naturalization in place of a social security number.

If an applicant still cannot meet the requirements even with those substitutes, Article 74.3.1 lets the applicant seek judicial authorization to waive them. After a hearing, which may be held privately and before a duty judge, the court can grant the waiver and order the license issued if it finds relief appropriate and the applicant otherwise met the legal requirements for the license; a denial must come with the court's reasons attached to the application.

Venue for this request is tied to where the marriage license application itself is made, not to either party's domicile. The authorization may come from the district court, parish court, family court, or juvenile court in that parish, or, for applications made within their territorial jurisdiction, from the First or Second City Court of New Orleans, or from a justice of the peace or city court whose territorial jurisdiction covers the issuing official.

Frequently Asked Questions

What happens if I cannot provide a birth certificate or similar document for my marriage license?

Article 74.3.1 lets you substitute other documents, such as a Certificate of Naturalization for standard identity documents, or a driver's license, government ID, passport, visa, or Certificate of Naturalization in place of a social security number.

What if I cannot meet the documentation requirements even with those substitutes?

You may seek judicial authorization for a waiver. The court holds a hearing, which can be private and before a duty judge, and may grant the waiver and order the license issued if it finds relief appropriate and the other legal requirements are met.

Where do you file for this waiver?

In the parish where the marriage license application is made, before the district, parish, family, or juvenile court there, or, within their respective territorial jurisdictions, the New Orleans city courts, a justice of the peace, or a city court.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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