HB 2138 Summary

• Allows a surviving partner to apply to the superior court clerk for a marriage license confirming a common law marriage after one partner's death, rather than requiring a formal marriage ceremony.

• Surviving partner must provide evidence that the couple are biological or adoptive parents of one or more children together, lived in partnership for at least two consecutive years, and that the survivor acted as a caregiver to the deceased partner.

• If the clerk finds sufficient evidence, a marriage license confirming the common law marriage is issued, with the marriage retroactively dated to when the couple began living together in partnership.

• The clerk of the superior court must maintain records of all issued common law marriage confirmation licenses.

• The law applies retroactively to August 31, 2017.