Who Can Officiate A Wedding In New York?

As of April 1, 2023, New York State allows anyone 18 years or older to officiate a wedding with a one-day officiant license. This license costs $25 and can be obtained by submitting an application, photocopies of proper identification, and the $25 fee by mail or in person at the Manhattan City Clerk's office. Previously, only clergy, judges, and elected officials could perform wedding ceremonies in New York. The new law, which went into effect in late March 2023, allows family, friends, or almost anyone else to officiate a wedding. The responsibilities of the officiant include conducting the wedding ceremony and completing and signing the marriage license, which must be returned to the City or Town Clerk within five days of the wedding.

Who can officiate a wedding in New York?

The requirements to officiate a wedding in New York differ depending on the location of the wedding within the state.

Outside of the five boroughs of New York City

If the wedding takes place outside of the five boroughs of New York City, there are no registration requirements for the officiant.

Within the five boroughs of New York City

If the wedding is performed within the five boroughs of New York City, the officiant must register with the New York City Clerk's Office.

One-day officiant license

Any adult can perform a marriage anywhere in New York State with a special one-day license. This license is obtained from the Marriage License Bureau at the Manhattan Office of the City Clerk and costs $25. The Manhattan City Clerk office is the only one in the five boroughs that processes one-day applications. If you live outside the city, you must apply for your one-day officiant application at the clerk’s office that processed the couple’s marriage license.

To obtain a one-day officiant license, you must be 18 or older and submit the application, the $25 fee, and photocopies of your identification by mail or at an in-person appointment. The application does not need to be notarized if submitted in person, but it does if submitted by mail.

Responsibilities of the officiant

The officiant has two main duties: to conduct the wedding ceremony and to complete the marriage license. It is the legal responsibility of the officiant to fill out the marriage license in the presence of the couple and any required witnesses. The officiant must also ensure that the couple and witnesses sign in the correct places on the marriage license and return it to the correct City Clerk within five days of the wedding.

How to get a one-day officiant license

As of April 1, 2023, any adult, regardless of state residency, can perform a marriage anywhere in New York State with a one-day officiant license. Here is a step-by-step guide on how to obtain one:

Step 1: Find a Couple

Firstly, you need to find a couple who wants you to marry them. This is a requirement for obtaining the one-day officiant license, and their names will need to be included on the application form.

Step 2: Ensure the Couple Has Their Marriage License

Before applying for the one-day officiant license, the couple must have their marriage license. Without this, your application may be rejected. The couple can obtain their marriage license either virtually or in person through the Office of the City Clerk - NYC Marriage Bureau. They should start the process as early as possible, as there may be a wait time for appointments. There is a 24-hour waiting period after obtaining the marriage license before the wedding can take place, unless a waiver is obtained from a judge.

Step 3: Prepare the Necessary Documents

You will need to fill out the One-Day Marriage Officiant License application form from the Marriage License Bureau at the Manhattan Office of the City Clerk. The form will require the names of the couple and photocopies of your proper identification. If submitting the application by mail, you must have it notarized.

Step 4: Submit the Application

The application can be submitted by mail or in person by appointment at the Manhattan City Clerk office. The Manhattan office is the only one in the five boroughs that processes one-day applications. If you live outside the city, you must apply at the clerk's office that processed the couple's marriage license.

Step 5: Pay the Fee

There is a $25 fee for the application, which can be paid by money order if submitting by mail or by money order or credit card if submitting in person.

Step 6: Receive Your License

If submitting the application by mail, the processing time may vary. For in-person applications, the license will be issued the same day. The Manhattan City Clerk's office has been known to scan and email the license to applicants, so be sure to include your email address on the application if you want it quickly.

Step 7: Officiate the Wedding

Once you have your license, you are authorized to officiate the wedding! The City Clerk provides information and language ideas for how to legally perform the solemnization of the marriage. Remember to return the completed marriage license, with your officiant license attached, to the City Clerk within five days of the wedding. Your officiant license expires at the completion of the marriage solemnization or when the couple's license expires.

Officiant registration

In New York, the requirements for officiant registration depend on the location of the marriage ceremony. If the marriage is performed within the five boroughs of New York City, the officiant must register with the New York City Clerk's Office.

The New York City Marriage Bureau, which falls under the Office of the City Clerk, handles marriage-related services such as marriage ceremonies and licenses. To meet with a representative from the New York City Marriage Bureau, you must schedule an in-person appointment and receive a confirmation email. No walk-in visits are permitted.

You can schedule an in-person or virtual appointment for a marriage license through Project Cupid. It is important to note that the New York State Department of Health (NYSDOH) does not have the authority to determine whether an individual or organization is qualified to perform a marriage within the state. If you have questions regarding eligibility, it is recommended that you consult an attorney familiar with New York State Domestic Relations Law and marriage case law.

If the marriage ceremony is held outside of the five boroughs of New York City, there is no requirement for the officiant to register. However, specific requirements may vary depending on the town or city clerk's office where the marriage license is purchased. It is recommended to contact the office before arriving to purchase the marriage license and inquire about any unique requirements.

Ceremony preparation

Learn the Wedding Ceremony Format

Before you start preparing for the wedding ceremony, you should develop a basic knowledge base of how a wedding ceremony is structured. A wedding ceremony is the ritual by which two people get married and, in New York, the only legal requirement is that it includes a "Declaration of Intent". This is the part of the ceremony where you ask the couple if they want to marry each other.

Write the Wedding Ceremony Script

Now that you understand the structure of a wedding ceremony, you can begin to write the script. It is a good idea to reflect on your relationship with the couple, read other wedding ceremony scripts, and ask the couple about their preferences for the ceremony, such as the tone, wording, dress, length, and any extra ceremony parts.

Practice and Rehearse the Ceremony Script

The more you practice the ceremony, the better it will be. As well as reciting the script, you should also rehearse your physical actions and movements, such as what to do with your hands and how to handle the ring exchange. It is also a good idea to do dress rehearsals so that you can practice with any props or costumes you will be using on the day.

Ask the Couple to Present the Marriage License

Before the wedding, ask the couple to present their marriage license and check that it is valid. In New York, the marriage license waiting period is 1 day, and the license expires 60 days after issuance.

Complete and Sign the Marriage License

Completing and signing the marriage license is your legal duty as the wedding officiant. In New York, one adult is required to sign the marriage license. You should enter "Minister" for your officiant title, "American Marriage Ministries" for the church name, "Non-Denominational" for the religious denomination (unless the wedding is according to a specific religious tradition), and "Religious" for the ceremony type.

Return the Marriage License to the City or Town Clerk

After the marriage license is completed, it must be returned to the City or Town Clerk. This is usually the responsibility of the couple, but some states require this to be done by the officiant. In New York, the completed marriage license must be returned within five days of the ceremony.

Officiant's legal duties

Officiants' Legal Duties

If you're planning to officiate a wedding in New York, there are several legal duties you need to be aware of to ensure the marriage is valid. Here's a detailed guide to help you understand your responsibilities:

Registration:

• If the wedding is taking place within the five boroughs of New York City, you must register with the New York City Clerk's Office. This is a legal requirement under Article 3, Section 11 of New York State Domestic Relations Law.
• For weddings performed outside of New York City, in the rest of New York State, there is no requirement for officiant registration.

Marriage License Handling:

• It is your responsibility to ensure that the couple presents their marriage license to you before the wedding. Ask them to bring it to the ceremony and remind them the day before to avoid any issues.
• Confirm that the marriage license is valid. Check the validity period, which is typically 60 days from the issuance date in New York.
• Complete and sign the marriage license. This is your crucial legal duty as the officiant. Fill out your portion, including your title ("Minister" or "Reverend"), church name ("American Marriage Ministries" or the relevant religious organization), religious denomination ("Non-Denominational" unless it's a specific religious tradition), and ceremony type ("Religious" even for non-religious ceremonies).
• Return the completed marriage license to the City or Town Clerk's office where it was purchased, usually by mail. This must be done within five days of the wedding. The couple may be responsible for returning the license in some states, but it's a good idea to confirm this with them.

Recordkeeping:

• After the ceremony, ensure that the officiant and witness portions of the license are accurately completed. Confirm the information and sign the relevant sections.
• Once the original license is returned to the City or Town Clerk, they will forward a copy to the New York State Department of Health (NYSDOH) for recording and filing.

Compliance with Local Laws:

• Familiarize yourself with the specific requirements of the City or Town Clerk's Office where the couple obtained their marriage license. Different counties in New York may have varying procedures and requirements.
• Be aware of any additional documentation or nominal fees that may be required by the local marriage authority.
• Some county clerks in New York may require you to attach a statement to the marriage license upon submission, including details such as the time and location of the wedding, the names and residences of witnesses, the religious organization you're ordained with, and your printed name and address.

Frequently asked questions