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December 04, 2023 Mist | 41°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 20: Intention of marriage; written notice; oath

Section 20. The clerk shall require written notice of intention of marriage, on forms furnished by the state registrar of vital records and statistics, containing such information as is required by law and also a statement of absence of any legal impediment to the marriage, to be given before such town clerk under oath by both of the parties to the intended marriage; provided, that if a registered physician makes affidavit to the satisfaction of the town clerk that a party is unable, by reason of illness, to appear, such notice may be given on behalf of such party, by his or her parent or legal guardian, or, in case there is no parent or legal guardian competent to act, or by the other party. Said forms containing the parties' written notice of intent to marry shall constitute a public record. In addition to such forms, the town clerk shall also require the parties to furnish information required for a separate report to be transmitted to the state registrar, including the social security number and residence address of both parties and such other information as may be required by state or federal law. A copy of said report shall not be retained by the town clerk nor shall it constitute a public record. The state registrar may make the information contained in said separate report available to the IV–D agency as set forth in chapter 119A and to such other state or federal agencies as may be required by state or federal law. In case of persons, one or both of whom are in the armed forces, such notice may be given by either party, provided that one is domiciled within the commonwealth. In the case of persons, one of whom is incarcerated in a county house of correction, or a state correctional facility, such notice shall be given by either party to the intended marriage. The oath or affirmation to such notice shall be to the truth of all the statements contained therein whereof the party subscribing the same could have knowledge, and may be given before the town clerk or before a regularly employed clerk in his office designated by him in writing and made a matter of record in the office. No fee shall be charged for administering such oath or affirmation. In towns having an assistant town clerk, he may administer the oath.