Officiant: Who Can Perform a Marriage Ceremony
A marriage officiant is the person authorized by state law to conduct a wedding ceremony and sign the marriage license. Who qualifies differs from state to state.
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Examples of state rules
In California, authority comes from ordination or investment by a denomination, and the state does not require officiants to register or file credentials. Deputized commissioners of civil marriages can also officiate, and out-of-state ministers can if they meet California's requirements, according to the California Department of Public Health.
In Texas, Family Code Section 2.202 lists licensed or ordained Christian ministers and priests, Jewish rabbis, authorized officers of religious organizations, and current, former or retired federal or state judges. Knowingly conducting a ceremony without authorization is a Class A misdemeanor.
New York requires town clerks to issue a one-day marriage officiant license, available since March 28, 2023, according to the Town of Rye.
After the ceremony
In California, the officiant returns the certificate of registry to the county recorder within 10 days. Officiants should review the license before the ceremony.
Frequently asked questions
Can a friend or relative officiate?
Possibly. It depends on state law. New York's one-day officiant license is one route, and other states have their own methods.
Does the officiant file the license?
In California the officiant returns it to the county recorder. Other places may differ, so check with the issuing office.
What happens if the officiant was not authorized?
That is a legal question. Check with the issuing office or an attorney.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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Related guides
It depends on the state.
A marriage license is the document that gives you legal permission to marry.
