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| Public Act 102-0171 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by adding Section 221 as follows: | ||||
(750 ILCS 5/221 new) | ||||
Sec. 221. Request for changing or removing gender | ||||
identifying language on a marriage certificate. | ||||
(a) Upon completion of an affidavit provided by the county | ||||
clerk and confirmation of identity, a person, still currently | ||||
married, may request a certificate of the person's current | ||||
marriage free of any gender identifying language. The person | ||||
may request a change from terms such as "bride" and "groom" to | ||||
a nongendered term such as "spouse" or a variant of "Spouse 1" | ||||
or "Spouse A". Upon such request, both parties shall be listed | ||||
with a nongendered identifier on a certificate. The request | ||||
shall not permanently change the gender identifying language | ||||
in the clerk's records, and the affidavit and issuance shall | ||||
be kept in the permanent records of the clerk. | ||||
The affidavit shall be created by the county clerk, may | ||||
appear on a combined form with the form under subsection (b), | ||||
and shall be substantially as follows: | ||||
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE | ||||
I, .........., state that I am a named spouse on a | ||
marriage license held in this office, that I am still | ||
married to the other named spouse on that marriage license | ||
as of the date of this request, and hereby request the | ||
holder of this record provide me, and only me, with a | ||
marriage certificate with any gender-identifying language | ||
removed or changed to "spouse". I affirm that this change | ||
is for purposes of this certified copy, the change will | ||
not be made to permanent records, and a record of this | ||
request shall be held by the holder of this marriage | ||
record. | ||
Date.......... | ||
Signature.......... | ||
(b) If 2 parties currently married request a marriage | ||
certificate with gender identifiers changed, such as "bride" | ||
to "groom" or "groom" to "bride", both parties shall appear | ||
before the clerk, indicate consent, and complete an affidavit. | ||
If the clerk is technologically able and the parties desire, | ||
the change in gender is permanent. | ||
The affidavit shall be created by the county clerk, may | ||
appear on a combined form with the form under subsection (a), | ||
and shall be substantially as follows: | ||
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE | ||
We, ..........[Spouse A] and ..........[Spouse B], the | ||
still-married named persons on a marriage license held in | ||
this office as of the date of this request, hereby request | ||
the holder of this record to provide a marriage | ||
certificate with gender-identifying terms such as "bride" | ||
and "groom" changed as follows: | ||
..........[Name of Spouse A] Bride, Groom, or Spouse | ||
(select one). | ||
..........[Name of Spouse B] Bride, Groom, or Spouse | ||
(select one). | ||
We affirm that this change is for purposes of this | ||
certified copy, and the change will not be made to | ||
permanent records, unless indicated by selecting Yes or No | ||
(select one) and a record of this request shall be held by | ||
the holder of this marriage record. | ||
Date.......... | ||
Signature of Spouse A.......... | ||
Signature of Spouse B.......... | ||
(c) If a county provides a certified record, photocopy, or | ||
reproduction of an original record in lieu of a summary data | ||
sheet, the county clerk shall work with the Department of | ||
Public Health to develop a new certificate that can be issued | ||
in lieu of a reproduction of the prior record. Nothing in this | ||
subsection authorizes the county clerk to permanently mark or | ||
deface a prior record in lieu of a summary data sheet | ||
certificate. | ||
(d) When a clerk issues a nongendered marriage certificate | ||
under subsection (a), the certificate shall not include any | ||
language indicating it has been amended nor that it is not a | ||
true and accurate record of the facts stated therein.
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