Notary Wedding Officiation: New York's Unique Nuptial Law

A notary public can officiate weddings in some US states, but can a notary officiate a wedding in New York State? In this paragraph, we will explore the role of notary publics in wedding ceremonies and whether they can legally do so in New York. We will also discuss the requirements and responsibilities of wedding officiants in the state.

New York State does not allow notaries to officiate weddings

A notary public is a licensed professional who verifies signatures and identities on documents. They are often called upon to notarize documents for financial transactions, legal documents, and vehicle documents, among other things. In some states, a notary public can also perform wedding ceremonies and legally marry a couple. However, it is important to note that this is not the case in all states.

In New York State, the laws regarding who can officiate a wedding are very clear. New York Law requires all marriage officiants to register with the government before officiating weddings. This means that a notary public cannot simply perform a wedding ceremony without first registering as a wedding officiant. While New York State does not specifically prohibit notary publics from becoming wedding officiants, it is not a common practice, and there are specific requirements that must be met for a notary public to legally marry a couple in New York State.

According to New York State law, there are two main duties of a wedding officiant: conducting the wedding ceremony and completing the marriage license. The marriage license must be filled out in the presence of the couple and any required witnesses, and it must be returned to the city or town clerk within a specified time frame. In New York, the completed marriage license must be returned within five days of the ceremony.

It is worth noting that the requirements for registering as a wedding officiant in New York State may vary depending on the location of the wedding. For example, in New York City, officiants must register with the New York City Clerk's Office, while in other parts of the state, registration may not be required. Therefore, it is always advisable to check with the local city or town clerk before performing any marriage ceremony.

Additionally, it is important to understand that a marriage license is only valid for a certain period, which varies by state. In New York, a marriage license is valid for 60 days after issuance. This means that the wedding must take place within this time frame, or a new license will be required.

In summary, while it may be possible for a notary public to become a wedding officiant in New York State, it is not a common practice, and there are specific requirements and legal responsibilities that must be met. Therefore, if you are considering having a notary public officiate your wedding in New York, it is essential to do your research and understand the laws and requirements beforehand.

Only six US states allow notaries to officiate weddings

In the US, a notary public is a licensed professional who verifies signatures and identities on documents. While they can also perform wedding ceremonies in some states, most states don't allow notaries to officiate weddings. Only six states currently permit a notary to act as a wedding officiant: Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. In these states, notaries can conduct the traditional aspects of the ceremony, including vows and completing the necessary documentation, such as signing the marriage license.

If you're considering a notary wedding, it's important to check your state's laws and regulations. While notary weddings are allowed in the six states mentioned, there may be specific requirements that all parties must adhere to for the wedding to be legally recognised. For example, in New York, the officiant must register with the New York City Clerk's Office if the marriage is performed within the five boroughs of New York City.

Even in states where notary weddings are not permitted, a notary can still provide valuable services for couples getting married. They can notarise life documents, witness signatures on the marriage license, and notarise certified copies of the wedding license, which is required in some states.

If you're planning a wedding and considering a notary public as your officiant, be sure to do your research and understand the requirements and limitations of your desired location.

New York City requires officiants to register with the New York City Clerk Marriage Bureau

Officiating a Wedding in New York as a Notary

In New York, only a few states recognize a marriage certificate from a notary, and there are specific requirements that all parties should adhere to for the wedding ceremony to be legally accepted.

If you plan on officiating a wedding in New York City, you must register with the New York City Clerk Marriage Bureau. This applies to the five boroughs that comprise New York City: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.

The registration process involves submitting the following documents:

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

The registration process can be completed through the NYC Clerk's office's Online Marriage Officiant Registration Application. It is recommended to initiate the process promptly, as the online application expires after 21 days. Once the application and required documents are submitted, the approval process typically takes around 30 days.

Wedding Day Duties of the Officiant

As the officiant, you have two main duties on the wedding day:

• Conduct the Wedding Ceremony (Non-Legal Duty)
• Complete the Marriage License (Legal Duty)

It is the responsibility of the officiant to ensure that the officiant and witness portions of the license are properly completed and accurate. The couple should present their marriage license to the officiant and witnesses, who will then review and confirm the information. After the ceremony, the officiant must return the original license to the town or city clerk where it was purchased, usually by mail, within five days of the wedding.

Understanding the Requirements and Laws

It is essential to understand the specific requirements and laws that govern marriage ceremonies and officiants in New York. For example, in New York, one adult witness is required to sign the marriage license, and there is a one-day waiting period after receiving the license from the City or Town Clerk before the wedding can take place. Additionally, the marriage license must be returned within five days of the ceremony, and it expires 60 days after issuance.

By familiarizing yourself with the laws and requirements, you can ensure that the wedding ceremony and the completion of the necessary documentation are handled correctly and in a timely manner.

Officiants must complete the marriage license, their legal duty

As a marriage officiant in New York, it is your legal responsibility to complete the marriage license in the presence of the couple and any witnesses. This involves four simple steps: Ask, Confirm, Sign, and Return.

Firstly, ask the couple to present their marriage license. You should do this before the wedding, perhaps reminding them the day before, to ensure they don't forget to bring it to the ceremony.

Secondly, confirm that the marriage license is valid. In New York, there is a one-day waiting period after the couple receives their license from the City or Town Clerk's office, and the license expires 60 days after issuance. Therefore, you need to confirm that it has been more than one day but fewer than 60 days since the couple filed for their marriage license.

Thirdly, complete and sign the marriage license. This involves filling out your portion of the license and signing it with the couple. In New York, one adult is required to sign the marriage license. If you are unsure how to fill out certain fields, you can refer to online resources. For instance, for the "Officiant Title" field, you should enter "Minister". For the "Church Name" field, enter "American Marriage Ministries". For "Religious Denomination", enter "Non-Denominational" unless the ceremony is conducted according to a specific religious tradition. Finally, for the "Ceremony Type" field, enter "Religious", even if the ceremony is non-religious. This is because the designation "Religious" is for all ceremonies not conducted by government officials.

Finally, return the marriage license to the City or Town Clerk. This is usually the couple's responsibility, but some states require the officiant to do this. The completed marriage license should be returned to the office that issued it as soon as possible, and before its expiration date. The couple will usually be given instructions on how to return the license, but if not, you can call the issuance office for clarification. Once the completed license is received, a copy is delivered to the New York State Department of Health to be recorded and filed.

Officiants must return the marriage license to the town or city clerk

Returning the Marriage License to the Town or City Clerk

Once the marriage license has been completed and signed, it is the officiant's responsibility to return it to the town or city clerk where the license was purchased. In New York, this must be done within five days of the ceremony. The license can usually be returned by mail, and many clerks will supply a self-addressed envelope for this purpose.

It is important to note that the marriage license must be returned to the specific City Clerk's office that issued the license. For example, if the marriage license was issued by the Manhattan City Clerk's office, the completed license must be returned to the same office.

The officiant should also ensure that the marriage license is returned before its expiration date. In New York, a marriage license is typically valid for 60 days after issuance.

After the town or city clerk receives the completed and finalized marriage license, a copy of the license is delivered to the New York State Department of Health (NYSDOH) to be recorded and filed.

Returning the marriage license to the issuing clerk's office is a crucial step in the official record-keeping process and ensures that the marriage is legally recognized.

Frequently asked questions