Request By:
Ms. Jo Nell Blackburn
Webster County Clerk
Webster County Courthouse
Dixon, Kentucky 42409
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Several months ago you issued a marriage license, the oride being told she was adopted. She gave you the names of her adoptive parents. Later she learned this couple were only legal guardians.
You ask whether this correction should be made.
KRS 402.100, relating to a form of marriage license, contains in part a provision for the "name of parents of the husband and wife."
You have indicated that, except for this matter of parents, the license was issued under the normal situation of compliance with KRS Chapter 402. A basic purpose of the marriage certificate data is to preserve the data as documentary evidence of the fact of marriage.
It is our opinion that the data relating to the parents of the parties to the marriage is not a critical factor affecting the validity of the marriage. Thus the validity of the marriage is in no way affected by this error.
In Rose v. Rose, 274 Ky. 208, 118 S.W.2d 529 (1938) 531, the court observed:
"The law highly regards the sanctity of the marriage status, and it is a general rule where a ceremony has been proved it will be presumed to be valid. It includes the presumption that no impediment thereto existed."
In Munsey". Munsey, Ky., 303 S.W.2d 257 (1957) 259, it was declared that "The law favors marriage, and indulges many presumptions relative to the legality of a marriage which is shown to have been celebrated by the performance of a ceremony."
Here, we assume a ceremony can be proved. Thus under the circumstances given, it is our opinion that the courts would uphold the marriage.
Finally, in the absence of a judicial court order, you, as clerk, have no authority to correct the subject record.
In any event, under the circumstances and analysis here, the correction would be academic.