(a) All persons about to be joined in marriage must first obtain a license therefore, from the Department of Public Health and Social Services, which license shall state:

(1) the identity of the parties;

(2) their full names, residence, and place of birth; (3) their date of birth;
(4) their citizenship;
(5) if an alien, whether a resident alien or a non-immigrant alien; (6) the number of previous marriages, wherever contracted and
how terminated; the occupations of the parties; the surname of each, if previously married; the names and birthplaces of each; and, the maiden name of the mother of each;

(7) whether a spouse elects to retain his or her surname upon marriage as provided for by § 3108;

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(8) whether either party elects to hyphenate or change his or her surname upon marriage as provided for by § 3108;

(9) whether either party elects to retain or change his or her middle name upon marriage as provided for by § 3108;

(10) the social security number of each party; and, if a party does not have a Social Security Number, he or she must state that fact; and

(11) whether the applicants elect to have their marriage solemnized by a village Mayor or Vice Mayor.

(b) No license shall be issued when either of the applicants therefore is an imbecile, insane as determined by the proper authority or who, at the time of making of the application of proof required for said license, is under the influence of intoxicating liquor or narcotic drug.

(1) If an applicant is under the age of eighteen (18) and has not been previously married, no license shall be issued unless the consent in writing of a parent or guardian of the person under age is presented with the application.

(A) A consent must be verified and such consent shall be retained with the application in the files of the Department of Public Health and Social Services.
(B) The fact of the consent shall be noted upon the license. (C) In addition to the consent required, no license shall be
issued for any person between the age of sixteen (16) and eighteen
(18) unless the marriage of that person has been approved by an order in writing issued from the Superior Court.

(D) A license to marry shall not be issued to any person under the age of sixteen (16) unless the court authorizes a license to be issued to an applicant who is under sixteen (16) and with a child.

(2) No license shall be issued permitting marriage between first cousins, between an adoptive parent and an adoptive child, between a step-parent and a step-child or between a guardian and a ward unless a written order authorizing such a marriage has been issued by the Superior Court.

(c) Applications for a marriage license shall be made on a form prescribed by the Director of Public Health and Social Services and must be

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sworn to by both applicants before the Director of Public Health and Social
Services or his delegate.

(1) No license shall be issued until after the expiration of five (5) days after filing of the application, unless the applicant shall pay a waiver fee of Fifty Dollars ($50.00).

(2) Upon paying the waiver fee, the Director of Public Health and Social Services or his delegate may authorize the immediate issuance of a marriage license.

(d) For the purpose of ascertaining all facts mentioned or required in this Section, the Director of Public Health and Social Services, or his designee, may examine under oath, or require written affidavits from, the applicants for a license and as many supporting witnesses as he deems necessary.

(1) Such examination shall be reduced to writing and subscribed by all parties swearing to the facts therein.

(A) In the case of termination of a previous marriage by divorce or annulment, the applicant shall furnish a certified copy of the final decree of divorce or annulment.

(B) In the case of termination of a previous marriage by death of the spouse, the applicant shall furnish a certified copy of the record of death.

(2) If a certified copy of a final decree or divorce, annulment or record of death as required herein is not available, the applicant may submit in lieu thereof an affidavit setting forth, in such form as the Director may require, the reason why it is not obtainable.

(e) Any application for a marriage license and any related document on file with the Director of Public and Health and Social Services shall be open to public inspection.

(f) Any person who shall swear falsely to an application for a marriage license, or who shall make or present any false affidavit, statement, or testimony in any proceeding under Subsection (d), shall be guilty of a misdemeanor.

(g) No marriage license shall be effective nor shall it authorize the performance of a marriage ceremony after the expiration of sixty (60) days

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from the date of issuance of such license. This provision shall be printed on each license in prominent type.

(h) The Director of Public Health and Social Services and his designees are authorized to administer oaths in connection with the administration of this Section.

(i) A fee of Thirty Dollars ($30.00) shall accompany each application for a marriage license and shall not be refunded if the license is not issued or used. No marriage license fees collected by the government of Guam prior to the enactment of this Section shall be refunded.

(j) All applicants electing to have their marriage solemnized by a village mayor or vice mayor shall pay to the Mayors Council of Guam Revolving Fund the sum of Fifty Dollars ($50.00), which shall be paid at least three (3) days prior to the date of the marriage ceremony. The Mayors Council of Guam treasurer shall transfer the amount to the appropriate officiating municipality’s non-appropriated funds (NAF) village account.

(k) The Mayors of Council of Guam shall submit a quarterly report in writing to the Speaker of I Liheslatura, to include, but not limited to, the name of the mayor or vice-mayor performing the civil wedding ceremony, the total number of civil weddings each mayor or vice-mayor performed each month, the names of the individuals for which the ceremony was performed, the date of the wedding, and the amount of money collected for all civil weddings performed. This information shall be posted monthly on the Mayors Council of Guam website.

SOURCE: CC § 69, amended by P.L. 11-144, R/R by P.L. 13-109:1. Subsection (b) amended by P.L. 14-136:1; (c) and (i) amended by P.L. 16-47:1 and P.L. 16-73:11; (f) amended by P.L. 13-187:2. Subsection (a)(8) added by P.L. 24-129:29; renumbered to (a)(9) by P.L. 29-037:3 (Oct. 25, 2007), which added a new (a)(8). Amended by P.L.
28-150:V:63 (Sept. 30, 2006). Subsection (c) amended by P.L. 29-002:V:I:66 (May
18, 2007). Subsection (i) amended by P.L. 29-002:V:I:67 (May 18, 2007). Subsection (a)(10) added by P.L. 29-113:VI:47 (Sept. 30, 2008). Subsection (j) added by P.L. 29-113:VI:48 (Sept. 30, 2008). Subsection (k) added by P.L. 29-113:VI:49 (Sept. 30, 2008). Subsections (j) and (k) amended by P.L. 31-064:1 (May 24, 2011). Subsection (a)(7) amended by P.L. 33-065:8 (Aug. 25, 2015). Subsection (a) amended by P.L. 34-065:3 (Nov. 9, 2017), effective 180 days after enactment.

2017 NOTE: Before its amendment by P.L. 34-065:2 (Nov. 9, 2017), subsection (a)
read as follows:

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(a) All persons about to be joined in marriage must first obtain a license therefore, from the Department of Public Health & Social Services, which license shall state:

(1) The identity of the parties;

(2) Their full names, residence and place of birth; (3) Their date of birth;
(4) Their citizenship;
(5) If an alien, whether a resident alien or a non-immigrant alien; (6) The number of previous marriages, wherever contracted and
how terminated; the occupations of the parties; the maiden name of the female, if previously married; the names and birthplaces of each; and the maiden name of the mother of each;

(7) Whether a spouse elects to retain his or her surname before marriage as his or her surname upon marriage as provided for by § 3108.

(8) Whether either party elects to hyphenate his or her surname with the surname of the other party as provided for by § 3108.

(9) Social Security Number of Each Party. If a party does not have a social security number, he must state that fact.

(10) Whether the applicants elect to have their marriage solemnized by a village mayor or vice mayor.

Subitem designation in subsections (b), (c) and (d) added pursuant to authority granted by 1 Guam Code Ann. § 1606.