42.0106 Copies of certificate-Register of marriages-Use of records.
(a) The minister, justice, or judge shall, immediately after the solemnization of the marriage, deliver one certificate of marriage to the parties to the marriage and shall retain one copy in the church files or in a file maintained by the justice or judge in his office. The third copy shall be transmitted to the Registrar of Vital Statistics within 7 days after the solemnization of the marriage, except that in the case of a marriage in the Manu’a Islands, the time shall be 30 days. No marriage is invalid by reason of the failure of the minister, justice or judge to file the certificate of marriage with the Registrar of Vital Statistics within the prescribed time limitation.
(b) In the event of the failure of the minister, justice or judge performing the ceremony to transmit a copy to the Registrar of Vital Statistics, the Registrar may correct this omission in his records as follows:
(1) upon presentation of one of the 3 original certificates of marriage and the affidavit of one person in attendance at the marriage ceremony:
(2) in the event of the absence of, or inability to produce, one of the original 3 certificates of marriage, the presentation of affidavits of the minister, justice or judge performing the ceremony and one witness to the ceremony is sufficient:
(3) if the minister, justice or judge performing the ceremony is deceased or he cannot be located, the affidavits of 2 witnesses to the wedding ceremony is sufficient;
(4) should the necessary number of witnesses be deceased or not available, then, any time within one year from the date of marriage, the parties may present affidavits from 4 members of the community, outside the second degree of consanguinity, attesting to the fact of a duly solemnized marriage and that the parties have lived as husband and wife since that time. No such proof of marriage may be accepted if either of the parties is no longer living.
(c) After compliance with any one of the 4 conditions set forth above, the Registrar of Vital Statistics may correct the omission in his records by creation of a certificate of late registration of marriage from the proof so furnished and may file this late registration of marriage in his records.
(d) The Registrar of Vital Statistics shall keep a register of all marriages, to be entitled “The Marriage Register”, and shall keep:
(1) records of all licenses issued by him or his deputies;
(2) a copy of marriage certificates transmitted to him;
(3) records supporting a late registration of marriage.
(e) The Registrar of Vital Statistics shall also keep a register of letters of identity and authorization to perform marriages, filed by ministers as required by 42.0102.
(f) An extract from the marriage register signed and certified by the Registrar of Vital Statistics shall be received in all the courts of American Samoa as evidence of the marriage on the date so set forth in the register.History: 1962, PL 7-32; 1968, PL 10-5 2.