N.Y. Domestic Relations Law § 20-c: Certification of marriage; new certificate in case of subsequent change of name or gender

§ 20-c. Certification of marriage; new certificate in case of

subsequent change of name or gender. 1. A new marriage certificate shall

be issued by the town or city clerk where the marriage license and

certificate was issued, upon receipt of proper proof of a change of name

or gender designation. Proper proof shall consist of: (a) a judgment,

order or decree affirming a change of name or gender designation of

either party to a marriage; (b) an amended birth certificate

demonstrating a change of name or gender designation; (c) in the case of

a change of gender designation, a notarized affidavit from the

individual attesting to their change of gender designation; or (d) such

other proof as may be established by the commissioner of health.

2. When a new marriage certificate is made pursuant to this section,

the town or city clerk shall substitute such new certificate for the

marriage certificate then on file, if any, and shall send the state

commissioner of health a digital copy of the new marriage certificate in

a format prescribed by the commissioner, with the exception of the city

clerk of New York who shall retain their copy. The town or city clerk

shall make a copy of the new marriage certificate for the local record

and hold the contents of the original marriage certificate confidential

along with all supporting documentation, papers and copies pertaining

thereto. It shall not be released or otherwise divulged except by order

of a court of competent jurisdiction.

3. The town or city clerk shall be entitled to a fee of ten dollars

for the amendment and certified copy of any marriage certificate in

accordance with the provisions of this section.

4. The state commissioner of health may, in their discretion, report

to the attorney general any town or city clerk that, without cause,

fails to issue a new marriage certificate upon receipt of proper proof

of a change of name or gender designation in accordance with this

section. The attorney general shall thereupon, in the name of the state

commissioner of health or the people of the state, institute such action

or proceeding as may be necessary to compel the issuance of such new

marriage certificate.