(a) A couple married in this State for whom no certificate of civil marriage was filed as required by law, may petition the Probate Division of the Superior Court of the district in which the civil marriage license was obtained to determine the facts with respect to this civil marriage and to order the issuance of a delayed certificate of civil marriage.

(b) The Probate Division of the Superior Court shall set a time for hearing on the petition and, if such court deems necessary, cause the notice of the time and place of the hearing to be given by posting a notice in the probate office. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil marriage of the couple as are supported by the evidence.

(c) The court shall issue a decree setting forth the facts as found and transmit a certified copy of said facts to the State Registrar.

(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed certificate of civil marriage and transmit it, with the decree, to the clerk of the town where the civil marriage license was issued. This delayed certificate shall have the word "Delayed" printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.

(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of marriages and also index them with marriages occurring at the same time. (Added 1987, No. 43, eff. May 13, 1987; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)