New Mexico Marriage License and Blood Test Requirements

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

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Before a couple can get legally married in New Mexico they must obtain a marriage license from a county clerk. While this may not be the most romantic step in planning your wedding, it is an important step to research because each state has different marriage license requirements.

For example, in Montana a blood test is required, and in Wisconsin a couple must wait 6 days for their marriage license after applying. This article provides a brief overview of the marriage license requirements in New Mexico.

Code Section

New Mexico Code section 40-1-10: Marriage License Required

What's Required?

Couples who want to get married in New Mexico must obtain a license from a county clerk, and then record their license with the county clerk after the marriage ceremony.

Restrictions on Who Can Get Married

Incestuous Marriages:

Not all people in New Mexico are allowed to get married. Marriages between certain relations are prohibited and void in New Mexico, including:

  • Grandfathers and grandchildren of all degrees
  • Brothers and sisters (of half and full blood)
  • Uncles and nieces, and
  • Aunts and nephews

Restrictions on Marriage of Minors:

  • Minors who are 16 or 17 years old can only obtain a marriage license with the consent of his or her parent or guardian.
  • Any minor who is less than 16 years old can't get married in New Mexico, even if their parent or guardian consents to the marriage.
  • In certain circumstances these age requirements can be overcome if the children's or family court authorizes the marriage. See New Mexico Statute section 40-1-6(B) for more details.

Does My Marriage License Expire?

Marriage licenses in many states are only valid for a limited period of time. However, marriage licenses in New Mexico don't expire, and because the state doesn't impose a mandatory waiting period, a couple can get married as soon as their marriage license is issued.

Blood Test Requirement

Many states use to require blood tests but most, including New Mexico no longer require a blood test.

Additional Resources

State laws change frequently. For case specific information regarding New Mexico's marriage license and blood test requirements contact a local family law attorney.

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