(a) Definition. For the purpose of this Code section, the term "standard serologic test for syphilis" means a test for syphilis approved by the Department of Human Resources.

(b) Standard serologic tests required.

(1) Each person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Chapter 34 of Title 43 or licensed in any state or United States territory to practice medicine and surgery, which certificate shall state that the applicant for a marriage license has been given a standard serologic test for syphilis and that, in the opinion of the physician, the applicant is not infected with syphilis or, if so infected, is not in a stage of that disease which is or may become communicable. The standard serologic test for syphilis of both the man and woman applying for a marriage license shall be made within 30 days prior to the application for the license. If the applicant is unable to pay for the standard serologic test for syphilis, the certificate may be obtained from the local health officer or county physician without charge, provided that this provision shall not apply to the charge for serologic tests for sickle cell anemia under paragraph (2) of this subsection or for the counseling provided for in such paragraph.

(2) The physician's certificate required of each person who applies for a marriage license shall contain a provision stating that the applicant has been offered a standard serologic test for sickle cell anemia as well as counseling directed to inform the applicant that a carrier of the inheritable hemoglobin type of sickle cell anemia may convey to his offspring the sickle cell anemia trait or the disease sickle cell anemia. The cost of the serologic test for sickle cell anemia and the counseling shall be paid by the applicant unless adequate state appropriations or federal aid is available for the cost of the test and counseling. In the event there are no such funds available, the charge to each applicant for the test and counseling provided by the Department of Human Resources or county board of health shall not exceed $1.00.

(3) The certificate of each female applicant, except a female incapable of pregnancy, shall also state that based upon the results of a standard serologic test the applicant has been found to be either immune or not immune, as the case may be, to rubella and that the applicant has been counseled concerning the possibilities of birth defects occurring to children of mothers who contract rubella during the early stages of pregnancy and informed of the availability of immunization procedures to prevent the contraction of rubella.

(4) Every resident of this state who leaves this state, is married outside of this state, and returns within 60 days shall, within 60 days after he returns to this state, file with the judge of the probate court of the county in which he lives a certificate showing that he has complied with paragraphs (1) through (3) of this subsection.

(c) Exceptions. The following exceptions may be made to the requirements of paragraph (1) of subsection (b) of this Code section:

(1) When the female on whose behalf an application for a marriage license is made presents an affidavit by a physician to the effect that she is pregnant, the judge of the probate court of the county where the application for marriage is made is empowered and authorized to issue a license even if one or both parties to the marriage contract have syphilis in a communicable stage, provided that both parties are made aware of the case; and provided, further, that the applicant or applicants also sign an agreement to begin immediately and continue treatment for the infection until cured or released for a period of observation;

(2) When the standard serologic test for syphilis is positive and both applicants are made aware that a syphilitic infection is present, a certificate may be issued and a marriage license granted to the applicant with syphilis who has been treated so as to render the disease noncommunicable by such methods and under such treatment and for such period of time as may be approved by the Department of Human Resources, provided the applicant signs an agreement to continue the treatment until cured or released for a period of observation.

(d) Form of certificate. The certificate of the physician shall be on a form to be provided and distributed by the Department of Human Resources or by the state health departments of other states having laws requiring a blood test for syphilis and similar certification by a physician licensed to practice medicine as required by this Code section and approved by the Department of Human Resources.

(e) Filing and disposal of certificates. The certificates shall be filed by the judge of the probate court. The certificates may be destroyed by the judge after the certificates have been on file for a period of at least one year after the date of filing.

(f) Right of appeal; court's order. Except as provided in Article 6 of Chapter 9 of Title 15, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section.

(g) Treatment. Persons found by the standard serologic test provided for in paragraph (1) of subsection (b) of this Code section to be infected with syphilis shall be subject to Chapter 17 of Title 31. (h) Penalty. Any judge of the probate court who issues a marriage license to any person, male or female, who fails to present and file a certificate, as required by subsection (b) of this Code section, and any applicant for a marriage license or any physician who knowingly and willfully makes any false statement in any certificate given by the physician under this Code section or any person who violates any of the provisions of this Code section shall be guilty of a misdemeanor.