N.M. Stat. § 40-1-10 (2026)

A. Each couple desiring to marry pursuant to the laws of New Mexico shall first
obtain a license from a county clerk of this state and following a ceremony conducted in
this state file the license for recording in the county issuing the license.

   B. To obtain a marriage license, the couple shall personally appear at the office of
the county clerk issuing the license and provide sufficient identification to satisfy the
county clerk as to each person's identity and qualification to receive a marriage license
pursuant to Chapter 40, Article 1 NMSA 1978. On application to a judge of the district
court, the court, for good cause, may authorize a person unable to appear personally to
obtain a license from the county clerk, and a certified copy of the judicial authorization
shall be filed with the county clerk.

   C. The county clerk:

       (1)    shall collect the social security number of an applicant for a marriage
license only as provided for in Section 27-1-10 NMSA 1978;

      (2)    shall not make available a social security number to another person
except as provided for in Section 27-1-10 NMSA 1978; and

       (3)    may, thirty days after the commencement of each fiscal year, dispose of,
in a secure manner, those social security numbers collected in the previous fiscal year
that have not been requested as provided for in Section 27-1-10 NMSA 1978.
History: Laws 1905, ch. 65, § 1; Code 1915, § 3435; C.S. 1929, § 87-111; Laws 1939,
ch. 25, § 1; 1941 Comp., § 65-110; 1953 Comp., § 57-1-10; Laws 1969, ch. 104, § 1;
1973, ch. 51, § 3; 2013, ch. 144, § 7.

                                    ANNOTATIONS

Cross references. — For validation of marriages in 1905 where no license obtained,
see 40-1-20 NMSA 1978.

For removal of local officers, see 10-4-1 to 10-4-29 NMSA 1978.

For age of majority, 18 years, see 28-6-1 NMSA 1978.

The 2013 amendment, effective June 14, 2013, required that applicants for a marriage
license personally appear before the county clerk; required the county clerk to obtain
the social security numbers of applicants; in Subsection A, after "couple desiring to
marry" deleted "in" and added "pursuant to the laws of", after "New Mexico shall", added
"first", after "county clerk", added "of this state", after "of this state and", added
"following a ceremony conducted in this state", after "conducted in this state, file the",
deleted "some" and added "license" and deleted "following the marriage ceremony", and
deleted the former second sentence, which prohibited the county clerk from issuing a
marriage license to persons under the age of majority and required the county clerk to
obtain the affidavits of two persons as to the age of the applicants when there was a
doubt as to their age; and added Subsections B and C.

Ceremonial marriage without a license is not void. — The New Mexico marriage
licensure statute is merely directory. Ceremonial marriages performed without a New
Mexico license are valid. Rivera v. Rivera, 2010-NMCA-106, 149 N.M. 66, 243 P.3d
1148, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.

Marriages performed pursuant to license issued by another state. — Where the
parties obtained a marriage license in Texas; the marriage license authorized any
person who was authorized by the laws of Texas to perform marriage ceremonies in
Texas to marry the parties; the parties were married by an ordained minister in New
Mexico who was authorized to perform marriage ceremonies in New Mexico and in
Texas; and the parties completed the marriage license by showing that the marriage
had occurred in New Mexico and recorded the marriage license with the county clerk's
office in Texas that had issued the marriage license, the marriage of the parties was
valid. Rivera v. Rivera, 2010-NMCA-106, 149 N.M. 66, 243 P.3d 1148, cert. denied,
2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.

Lack of evidence of license does not rebut presumption of marriage. — Mere lack
of evidence of a record of the issuance of a license or of a ceremonial marriage is not
sufficient to rebut the presumption of a ceremonial marriage. Trower v. Board of Cnty.
Comm'rs, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109, overruled on other grounds by
Panzer v. Panzer, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888.
Marriage is civil contract which must be licensed. — In New Mexico, marriage is a
civil contract which must be licensed. It is also a contract in which the public is
interested and to which the state is a party. In re Estate of Bivians, 1982-NMCA-132, 98
N.M. 722, 652 P.2d 744, cert. quashed, 98 N.M. 762, 652 P.2d 1213.

Only one parent's consent necessary. — When parental consent to the marriage of a
minor is required, the consent of only one parent is necessary. 1964 Op. Att'y Gen. No.
64-135.

County clerk may issue marriage license where neither party has appeared
personally to apply for the license where the form of application used is substantially in
agreement with 40-1-18 NMSA 1978 and the county clerk is satisfied as to the ages.
1967 Op. Att'y Gen. No. 67-88.

Oath as to age before notary of another state. — The only reason that the parties
appear before the county clerk or the deputy clerk is to allow the clerk's office to
determine if the parties are of legal age to be married in this state without parental
consent. The parties can take an oath as to their age before a notary of any other state.
1967 Op. Att'y Gen. No. 67-88.

There is no time limitation on validity of marriage licenses. 1968 Op. Att'y Gen. No.
68-53.

Marriage valid even though performed in county other than where license
obtained. — A marriage is valid even though the marriage ceremony was performed in
a county of this state other than the county wherein the marriage license was obtained
by the parties. 1961 Op. Att'y Gen. No. 61-104.

Persons performing ceremonies not liable. — The act of a duly qualified justice of
the peace (now magistrate), priest or minister, in performing a marriage ceremony
where the marriage license was obtained in a county of this state other than that where
the marriage ceremony was celebrated, does not fall within the mandatory or prohibited
provisions, and the wording of this section does not expressly or by inference refer to
persons performing the marriage ceremony. Therefore, such persons may perform such
ceremonies without violating the marriage laws or subjecting themselves to criminal
penalty. 1961 Op. Att'y Gen. No. 61-104.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Marriage §§ 33, 34.

Right to attack validity of marriage after death of party thereto, 47 A.L.R.2d 1393.

Validity of solemnized marriage as affected by defective license, or license wrongfully
issued or obtained, 61 A.L.R.2d 847.

55 C.J.S. Marriage §§ 25, 26.
40-1-11. Fees; disposition.
   A. The county clerk shall receive a fee of fifty-five dollars ($55.00) for issuing,
acknowledging and recording a marriage license and marriage certificate.

   B. Fees collected pursuant to Subsection A of this section shall be deposited in the
county clerk recording and filing fund; provided that the county treasurer shall remit the
fees collected within fifteen days of the last day of each month as follows:

        (1)   fifteen dollars ($15.00) of each fee shall be remitted to the county general
fund;

       (2)      twenty dollars ($20.00) of each fee shall be remitted to the state treasurer
for credit to the children's trust fund; and

        (3)   twenty dollars ($20.00) of each fee shall be retained by the county clerk.

History: 1953 Comp., § 57-1-10.1, enacted by Laws 1957, ch. 33, § 1; 1977, ch. 253, §
64; 1979, ch. 131, § 1; 1985, ch. 52, § 1; 1986, ch. 15, § 10; 2013, ch. 144, § 8; 2025,
ch. 124, § 1.

                                     ANNOTATIONS

Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4,
Article 40 NMSA 1978.

For the state treasurer, see N.M. Const., art. V, § 1 and 8-6-1 NMSA 1978.

For county treasurers, see Chapter 4, Article 43 NMSA 1978.

For the department of health, see Chapter 9, Article 7 NMSA 1978.

For the secretary of health, see 9-7-5 NMSA 1978.

For the children's trust fund, see Chapter 24, Article 19 NMSA 1978.

The 2025 amendment, effective June 20, 2025, raised marriage licensing fees, and
adjusted the disposition of the fees collected by the county clerk for the issuance,
acknowledgment and recording of marriage licenses; added new subsection
designations "A" and "B"; in Subsection A, after "shall receive a fee of" deleted "twenty-
five dollars ($25.00)" and added "fifty-five dollars ($55.00)"; in Subsection B, added the
introductory clause and paragraph designation "(1)", in Paragraph B(1), after "shall be
remitted" deleted "by the county treasurer to the state treasurer, within fifteen days of
the last day of each month, for credit to the children's trust" and added "to the county
general", and added Paragraphs B(2) and B(3).
The 2013 amendment, effective June 14, 2013, eliminated the requirement that
applicants for a marriage license file physicians’ certifications; in the title, deleted
"Certificate required" and added "Fees; disposition"; deleted former Subsection A, which
required that applicants for a marriage license file physicians’ certifications that they
have had all tests and examinations required by the health and environment
department; deleted former Subsection B, which required the health services division to
provide a form of certification; deleted former Subsection C, which required the health
and environment department to make rules and employ personnel necessary to enforce
the certification requirements; and deleted former Subsection D, which permitted county
clerks to accept certifications from other states with a premarital law.

Premarital blood tests to be made at any laboratory. — Clearly the statute
authorizes the performance of premarital blood tests at any laboratory approved by the
department of health and is not confined in its operation to laboratories operated directly
by the department. 1958 Op. Att'y Gen. No. 58-140.

Serological tests during pregnancy must be made at laboratory operated directly by
state health department (now department of health), although premarital blood tests
may be processed by any approved laboratory. 1958 Op. Att'y Gen. No. 58-140.

Repeal of regulations. — The department of health may legally repeal regulations
enacted pursuant to this section that require marriage license applicants to obtain and
file physician's certificates. 1995 Op. Att'y Gen. No. 95-02.