Notary Wedding Officiation In Ny: What's The Law?

In the US, a notary public is a licensed professional who verifies the identities of people signing documents. In some states, they can also officiate weddings. But does New York recognise notaries as wedding officiants?

In short, no. New York law requires all marriage officiants to register with the government before officiating weddings. This registration must be done with the New York City Clerk Marriage Bureau, which has jurisdiction over Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. The only exception is if the marriage is performed outside of New York City, in which case registration is not required.

However, it's important to note that the requirements for officiant registration may vary depending on the specific town or city. While most cities and towns don't require registration, it's always a good idea to check with the local city or town clerk before performing a marriage ceremony.

So, if you're planning a wedding in New York, it's best to look into registered officiants or those who are ordained by a religious organisation to avoid any legal complications.

Who can officiate a wedding in New York?

According to New York State law, a wedding can be officiated by an ordained minister of any religious denomination or any leader of The Society for Ethical Culture. The law also states that the officiant must be present at the ceremony, and there must be two adult witnesses.

In addition, the officiant must verbally declare that the couple is now married, and the couple must consent to taking each other freely and seriously in front of these witnesses.

Registration requirements

Each city and town in New York determines its own officiant registration requirements. Most cities and towns do not require officiant registration before performing a marriage. However, the notable exception is New York City, which does require officiant registration.

To register as a wedding officiant in New York City, you must submit the following documents to the New York City Clerk Marriage Bureau:

• Your Ordination Certificate
• Your "NYC Letter of Consent" (addressed to the City Clerk)
• AMM's Articles of Incorporation and Certificate of Incorporation
• Your Completed Marriage Officiant Registration Application
• Valid Government ID (Driver's License, Military ID, Passport, or Birth Certificate)
• $15 Application Processing Fee

The processing time for officiant registration in New York City is approximately 2-6 weeks.

Becoming an officiant in New York

To become a wedding officiant in New York, you need to meet the following requirements:

• Be at least 18 years old
• Obtain ordination from a religious organization
• Present ordination credentials if required by the town or city
• Register and provide a permanent address to the city or town clerk

It is important to note that additional registration and documentation may be required for weddings performed in one of the five boroughs of New York City.

How to officiate a wedding in New York

If you want to officiate a wedding in New York, there are a few things you need to know. The requirements and process may vary depending on the location of the wedding within New York State. Here is a step-by-step guide to help you navigate the process:

Officiant Registration

In New York, each city and town determines its own officiant registration requirements. Most cities and towns do not require officiant registration before performing a marriage. However, the notable exception is New York City, which does mandate officiant registration. Therefore, your first step is to determine the location of the wedding within New York State.

If the wedding will take place within the five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), you must register with the New York City Clerk Marriage Bureau. The registration process typically involves submitting specific documents, including your ordination certificate, a Letter of Consent addressed to the City Clerk, and a completed Marriage Officiant Registration Application, along with providing valid government identification and paying a processing fee. This registration process can take anywhere from 2 to 6 weeks for approval.

On the other hand, if the wedding will be held outside of New York City, in another part of New York State, officiant registration is generally not required. However, it is always a good idea to check with the local city or town clerk's office, as some jurisdictions outside of New York City may have their own unique requirements.

Understanding Your Responsibilities

As a marriage officiant in New York, you have both non-legal and legal duties on the wedding day. Your non-legal duty is to conduct the wedding ceremony, while your legal duty involves completing and handling the marriage license.

It is your responsibility to ensure that the marriage license is properly completed and returned to the appropriate city or town clerk within the specified timeframe. In New York, the marriage license must be returned within five days of the wedding. Additionally, you need to confirm the validity of the marriage license, including checking that it has been more than a day since the couple filed for the license and that it has not expired (marriage licenses in New York typically expire 60 days after issuance).

Handling the Marriage License

• Ask the Couple to Present the Marriage License: Contact the couple before the wedding, preferably the day before, to remind them to bring the marriage license to the ceremony.
• Confirm the Validity of the Marriage License: Check that it has been more than a day since the couple filed for the license and that it is still within the 60-day validity period.
• Complete and Sign the Marriage License: Fill out your portion of the license, including entering "Minister" for your officiant title, "American Marriage Ministries" as the church name, "Non-Denominational" for religious denomination (unless it is a specific religious tradition), and "Religious" for the ceremony type.
• Return the Marriage License: Ensure that the completed marriage license is returned to the city or town clerk's office where the license was purchased, usually by mail, within the specified timeframe.

Additional Considerations

It is important to note that New York State does not require officiant registration for marriages performed outside of New York City. However, it is always advisable to consult an attorney familiar with New York State Domestic Relations Law for any legal questions or clarifications.

Additionally, if you are seeking to have a friend or family member officiate your wedding in New York, they may need to get ordained or obtain a special dispensation. New York State has specific rules on who is allowed to officiate weddings, and online ordination may not be recognized in all states, so be sure to check the laws and requirements specific to New York.

By following these steps and staying informed about the requirements in New York, you can successfully officiate a wedding and ensure that all legal procedures are properly handled.

Can a friend or family member officiate a wedding in New York?

Yes, a friend or family member can officiate a wedding in New York. However, there are a few things to keep in mind.

Firstly, it's important to note that New York State law outlines who can legally perform marriage ceremonies, and this includes governors, mayors, state legislators, judges, and clergy members, but not the average person. However, there are ways to get ordained online, and this can enable a friend or family member to officiate the wedding.

One popular option is the Universal Life Church (ULC), a non-denominational religious organisation. ULC has ordained 20 million people since its founding in 1962, and most did so to become wedding officiants. ULC offers free online ordination and does not require years of training or expensive courses.

However, the legitimacy of ULC ministers has not been fully litigated in New York, and there is some ambiguity around whether ULC qualifies as a church under state law. There have been court cases where ULC ministers have had their legitimacy challenged, with mixed results. In one case, the Appellate Division of the state Supreme Court's Second Department ruled that ULC ministers were not legitimate officiants, while in another case, the Third Department took a more liberal approach, recognising ULC ministers as long as the organisation followed its own rules and regulations.

To minimise any potential risks, couples can opt for a quick, simple ceremony with a town clerk or local judge before holding a larger ceremony with a friend or family member as the officiant. This ensures that the marriage is legally recognised and that marital rights and property rights are secured.

Additionally, it's important to note that New York City has specific requirements for officiant registration. Officiants must register with the New York City Clerk Marriage Bureau and submit various documents, including their ordination certificate, a Letter of Consent addressed to the City Clerk, and valid government identification. The registration process typically takes 2-6 weeks and costs $15.

In conclusion, while it is possible for a friend or family member to officiate a wedding in New York, it is important to be aware of the legal requirements and potential ambiguities surrounding online ordination. Taking additional steps, such as a separate legal ceremony, can help ensure the marriage is fully recognised and protect the rights of the married couple.

How to register as a wedding officiant in New York

Get Ordained

Before officiating weddings in New York, you need to get ordained online through a reputable online ministry. You can choose any organisation that reflects your values, but American Marriage Ministries is a good option as their ordination is free, they are set up to help people officiate weddings, and they are the only IRS-certified 501c3 charitable organisation that offers online ordinations.

Check Local Requirements

Next, you need to check with the city or town clerk in New York, as registration requirements vary depending on the location of the wedding. Most cities and towns in New York do not require officiant registration before performing a marriage. The main exception is New York City, where registration is required.

Register with the NYC Clerk's Office

If you are officiating a wedding in New York City, you must register with the New York City Clerk Marriage Bureau. This office has jurisdiction over the following boroughs:

• Manhattan (New York County)
• Brooklyn (Kings County)
• Queens (Queens County)
• The Bronx (Bronx County)
• Staten Island (Richmond County)

To register with the NYC Marriage Bureau, you will need to submit the following documents:

• Your Ordination Certificate
• Your "NYC Letter of Consent" (addressed to the City Clerk)
• AMM's Articles of Incorporation and Certificate of Incorporation
• Your completed Marriage Officiant Registration Application
• Valid government ID (e.g. driver's license, military ID, passport, or birth certificate)
• $15 application processing fee

You can start the registration process by completing the online Marriage Officiant Registration Application. Then, submit your final paperwork and ID in person or by mail (in extenuating circumstances). The application process should take around 30 days.

Register Outside of NYC

If you are officiating a wedding outside of New York City, you need to contact the office responsible for issuing the marriage license to the couple. In most cases, there are no registration requirements, but it is a good idea to keep personal records of your official Ministry Credentials.

What are the requirements to officiate a wedding in New York?

In New York, each city and town determines its own officiant registration requirements. Most cities and towns do not require officiant registration before performing a marriage. The main exception is New York City, which does require officiant registration. So, if you plan on officiating weddings in New York City, you must register with the New York City Clerk Marriage Bureau. This gives you the authority to perform marriages in all five boroughs of New York City: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. The registration process is as follows:

• Order your New York Minister Ordination Package for your Official Ordination Certificate and Letter of Consent. The Letter of Consent is addressed to the NYC Clerk, signed by a church officer, notarized, and formatted per their specifications. Your package also includes a partially completed Marriage Officiant Registration Form.
• Start the online NYC Officiant Application Process. This should take no more than 15 minutes to complete. Do not complete this online application more than 21 days before you finish your registration by mail, as the application expires after 21 days.
• Submit your officiant application to the NYC Marriage Bureau. You will need a valid government ID (driver's license, military ID, passport, or birth certificate) and a $15 fee, payable in person by credit card or money order addressed to the "City Clerk".

If you plan on officiating a wedding in New York State but outside of New York City, you need to contact the office responsible for issuing the marriage license to the couple. They will be able to inform you if they require ministers to register with their office before performing the marriage. However, most jurisdictions outside of New York City do not have registration requirements for ministers.

As a marriage officiant in New York, it is your legal responsibility to fill out the marriage license in the presence of the couple and any required witnesses. The process is as follows:

• Ask the couple to present their marriage license.
• Confirm that the marriage license is valid. In New York, the couple must wait one day to receive their marriage license from when they file for it from the City or Town Clerk's office. The license then expires 60 days after issuance.
• Complete and sign the marriage license. In New York, one adult is required to sign the marriage license.
• Return the marriage license to the City or Town Clerk. This is usually the responsibility of the couple, though some states require this to be done by the minister. New York does not specify a time frame for this, but as the marriage license expires 60 days after issuance, it must be returned before this expiration date.

Frequently asked questions