What a Notary Public Can and Cannot Do at a Wedding
A notary public cannot perform a marriage ceremony in most U.S. states. A notary's role is to witness signatures, verify identities, and certify that documents are authentic — not to solemnize marriages. Even if a notary has been asked to officiate a wedding, they lack the legal authority to do so unless they have obtained a separate credential beyond their notary commission.
The person who performs a marriage ceremony is called an officiant, and they must be authorized by state law. This authorization comes through ordination as a religious official, a judicial appointment, or a specific license issued by the state. A notary commission alone does not grant this power, regardless of how long someone has held the notary credential or how many documents they have notarized.
Key Takeaways
- A notary public cannot legally perform a marriage ceremony based on their notary commission alone in all 50 states.
- To officiate a wedding, a person must obtain separate authorization such as ordination, a judicial appointment, or a state-issued officiant license.
- Some states allow certain notaries to become ordained ministers or obtain a marriage officiant license through an additional process, but this requires separate paperwork and approval.
- If a notary performs a marriage without proper authorization, the marriage may be invalid and the couple may face legal complications later.
How States Define Who Can Perform Marriages
Each state sets its own rules about who can legally perform marriages. Most states recognize three categories of people with authority to solemnize marriages: ordained clergy members (priests, ministers, rabbis, imams, and similar religious officials), judges and justices, and people who have obtained a specific marriage officiant license or commission from the state.
Some states have additional categories. A few states allow ship captains to perform marriages at sea, and some recognize solemnizations by Native American spiritual leaders under tribal law. However, a standard notary public falls into none of these categories. The notary credential is a separate, unrelated authorization that does not overlap with marriage officiant powers.
When a Notary Might Become Authorized to Marry
In some states, a notary can take additional steps to become authorized to perform marriages. The most common path is to become an ordained minister through an online or in-person religious organization. Once ordained, the person can perform marriages in most states — the ordination itself is what grants the power, not the notary status.
A smaller number of states offer a separate marriage officiant license or commission. This is distinct from a notary commission and requires a separate process process. For example, some states allow anyone to register as a marriage officiant by submitting paperwork to the county clerk or secretary of state, paying a fee, and sometimes completing a brief training. Again, this is a separate credential that has nothing to do with being a notary.
Before a notary pursues either path, they should check their state's specific rules. Some states restrict who can become ordained or registered as an officiant, and some have waiting periods or residency requirements. The state's secretary of state office or county clerk can provide the exact process and any restrictions that explore.
What Happens If a Notary Performs a Marriage Without Authority
If a notary public performs a marriage ceremony without the proper authorization, the marriage may be invalid. The couple could later discover that they are not legally married, which creates serious problems if they need to divorce, claim spousal benefits, or make medical decisions for each other.
Some states have a "substantial compliance" doctrine that may save a marriage even if the officiant lacked full authority, but this is not may provide and varies widely by state. The couple would likely have to go to court to establish that the marriage is valid, which is expensive and time-consuming. The safest approach is to may support the person performing the ceremony has the proper authorization before the wedding takes place.
How to Find Someone Authorized to Perform a Marriage in Your State
The most straightforward option is to ask a judge, justice of the peace, or magistrate in your county. Many will perform marriages for a small fee, and their authority is never in question. Contact your county courthouse or clerk's office to ask about availability and cost.
Religious officials — priests, ministers, rabbis, imams, and similar clergy — are authorized in all states. If you belong to a faith community, your religious leader can perform the ceremony. If you do not have a religious affiliation but want a religious ceremony, you can contact local congregations to ask whether they will perform an interfaith or secular-leaning ceremony.
Some states maintain a registry of marriage officiants who are not clergy or judges. Search your state's secretary of state website or county clerk's office for "marriage officiant" or "marriage commissioner" to see whether your state offers this option. You can also search online for "wedding officiant" or "marriage officiant" in your county — many people in this role advertise their services and can show you their credentials.
What a Notary Can Do at a Wedding
Although a notary cannot perform the ceremony itself, they can still play a useful role at a wedding. A notary can witness the signing of the marriage license or other wedding-related documents and certify that the signatures are genuine. This is within the notary's normal duties and does not require any special authority.
Some couples ask a notary to be present to verify that both parties signed the marriage license of their own free will and without coercion. While this is not required by law in most states, having a notary's certification on the document can provide extra assurance that the signing was legitimate. The notary should still not be the person performing the ceremony itself.
Frequently Asked Questions
Can a notary marry people if they are also ordained?
Yes, but only because of the ordination, not because of the notary status. The ordination is what grants the authority to perform marriages. The notary credential is separate and does not add to or enhance that authority. A person who is both ordained and a notary can perform marriages based on their ordination alone.
What if we get married by a notary and find out later it was not legal?
Contact a family law attorney in your state right away. Some states have laws that may save the marriage even if the officiant lacked authority, but you may need to go to court to establish validity. The sooner you address this, the better, especially if you need the marriage to be recognized for legal purposes like insurance, taxes, or custody.
Can a notary perform a marriage in one state if they are commissioned in another?
No. A notary's authority is limited to the state that issued their commission. Even if a notary is commissioned in multiple states, they still cannot perform marriages in any of them based on the notary credential. They would need separate ordination or a marriage officiant license in each state where they want to perform ceremonies.
How much does it cost to have a judge perform a marriage?
Costs vary by county and state. Some judges perform marriages for free or a small fee (often $25 to $100), while others may charge more. Contact your county courthouse or clerk's office to ask about fees and availability. Many judges have limited availability and may require advance notice.
Do I need a marriage officiant if we are getting married at a courthouse?
Yes. Even at a courthouse ceremony, someone with authority to solemnize marriages must perform the ceremony. This is usually a judge, magistrate, or justice of the peace employed by the court. The courthouse will assign an officiant or tell you which judges are available on specific dates.