Can I perform a wedding for a family member?

My sister will be getting married. Can I perform the ceremony? — D.P., Florida

Yes, you may perform a marriage ceremony for your sister. The Executive Office of the Governor clarifies this point in the Frequently Asked Questions. In short, although Florida law prohibits you from notarizing the signature of an immediate family member, this prohibition does not apply to performing a marriage ceremony for the immediate family member.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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Can I Notarize A Relative's Marriage Documents?

39 Comments

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Mary E. Mount

27 Jul 2020

why cant' I view this

National Notary Association

28 Jul 2020

Hello. If you are having difficulty viewing a Bulletin article, please email us at social@nationalnotary.org with a description of the problem and we will try to assist you.

JULIANA MARIE CROSON

07 May 2021

Can I perform my sister's marriage ceremony in Florida?

10 May 2021

Hello. Yes, Attorney General Opinion, 91-70 [1991] states that Florida Notary laws do not prohibit a Florida Notary from officiating a marriage ceremony for a relative.

Deborah Wilson

11 May 2021

Can I performs a wedding ceremony in Suffolk County Long Island or NY

Hello. New York Notaries are not authorized to perform weddings as part of their official duties.

Jane

Tennessee has recently authorized notaries to perform marriage ceremonies. Are notaries required to comply to any requests to perform marriages? Can notaries choose not to perform any marriage ceremonies?

18 Jun 2021

Hello. The only law that addresses the refusal of Notary services is as follows: Liability of Notary: “If the clerk or other officer who takes the … acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides … and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs …” (TCA 66-22-113). Since the law of allowing Notaries Public to perform a marriage ceremony is still new, it would be best to contact the Tennessee Department of State at 615-741-2650 to see if this portion of the law applies to marriage ceremonies.

Lisa Ann Costello

This newsletter is always so informative. I really appreciate the hyperlinks to additional, relevant information. Thank you!

Vicky Patano

12 May 2021

Can I perform wedding ceremony in Texas and the male is undocumented

14 May 2021

Hello. Texas Notaries are not authorized to perform weddings as part of their official duties.

Shelley Eaton

28 Jun 2021

Can I perform a marriage ceremony in Colorado?

01 Jul 2021

Hello. Colorado Notaries are not authorized to perform marriages as part of their official duties.

Francisca

05 Jul 2021

My sister is a notary we live in Tennessee can she marry me?

03 Aug 2021

Yes, a sibling that is a Notary may perform a wedding ceremony for another sibling.

Gloria

07 Sep 2021

Hello, my niece is a notary she can marry me in Floria

Hello. Yes, Notaries in Florida may perform marriages for relatives.

Ursula L Singleton

28 Oct 2021

I'm A FL Notary...Can I Perform My Son's Marriage!

29 Oct 2021

Hello. Yes, you may. Attorney General Opinion 91-70 (1991) answers the question, “Does [Florida law] prohibit a notary public from solemnizing the rites of matrimony of persons related by blood or marriage to the notary public? “Section 117.05(6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public form solemnizing the rites of matrimony of persons related by blood or marriage to the notary public … [Note: the statute was renumbered as FS 117.107(11) in 1998.]. “Section 117.05(6)(d) [current FS 117.107(11)], … prohibits a notary public from notarizing the signature of a relative on a document. In solemnizing the rites of matrimony and certifying on the marriage license that he has solemnized the marriage, the notary is not notarizing the signature of the relative on a document. Accordingly, the prohibition … would not appear to be applicable. “Therefore, I am of the opinion that [Florida statute] does not prohibit a notary public from solemnizing the rites of matrimony pursuant to s. 117.04, F.S., as amended by s. 3, Ch. 91-292, Laws of Florida” (Attorney General Opinion, 91-70 [1991]).

Guy Clairmont

06 Nov 2021

I am a Minnesota Notary. Can I perform a marriage for a friend in the State of Florida?

08 Nov 2021

Hello. No, Minnesota Notaries are not authorized to officiate weddings as part of their official duties.

Glinda cholak

04 Feb 2022

Hi I am in Florida and my husband and was asked to marry a couple we are friends with. Can he do the ceremony vows with them and I notarize the marriage certificate?

22 Mar 2022

No, the same Notary must complete all required parts of the wedding and documentation process.

Anna Sacca

15 Jun 2022

I am a SC notary. Can I marry my daughter? Thanks

22 Jun 2022

Hello. South Carolina does not prohibit Notaries from performing notarizations for relatives. “A notary may not perform a notarial act if the … notary is a signer of, party to, or beneficiary of the record that is to be notarized. A disqualification pursuant to this item does not apply to an employee of a court within the unified judicial system, a notary who is named in a record solely as the trustee in a deed of trust, the drafter of the record, the person to whom a registered document must be mailed or sent after recording, or the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity” (SCC 26-1-90[C][3]). “A notary may not perform a notarial act if the … notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 26-1-100, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (SCC 26-1-90[C][4]).

Cindy Griffin

Can a notary in South Carolina perform a wedding for their child?

24 Jun 2022

Hello. South Carolina does not specifically prohibit notarizing for a signer based on the signer's family relationship to the Notary. A South Carolina Notary may not notarize under the following conditions: “A notary may not perform a notarial act if the … notary is a signer of, party to, or beneficiary of the record that is to be notarized. A disqualification pursuant to this item does not apply to an employee of a court within the unified judicial system, a notary who is named in a record solely as the trustee in a deed of trust, the drafter of the record, the person to whom a registered document must be mailed or sent after recording, or the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity” (SCC 26-1-90[C][3]). “A notary may not perform a notarial act if the … notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 26-1-100, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (SCC 26-1-90[C][4]).

Kristen Rubio

09 Jan 2023

I'm getting married in May of 2023. My mother is an officiant but is not a notary. Is she allowed to marry me even though she's not a notary? Or does she have to be an officiant AND a notary?

10 Jan 2023

Hello. A wedding officiant is not required to be a Notary as long as they are officially authorized to perform weddings through other means (for example, as a qualified minister).

Betty Walker

07 Feb 2023

I am a Florida notary. Can I officiate my granddaughter’s wedding in Florida?

08 Feb 2023

Hello. Attorney General Opinion 91-70 (1991) states that Florida Notaries can officiate a wedding for a family member without a conflict of interest.

Charles McKinney

03 Apr 2023

I am a notary in California. Can i perform a wedding?

04 Apr 2023

Hello. California Notaries are not authorize to perform weddings as part of their official Notary duties. You would need authorization to perform a wedding from a different source. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2014/05/how-notaries-add-wedding-services

Nicola

03 Sep 2023

In South Carolina can I officate a relatives wedding

05 Sep 2023

Hello. In South Carolina, there is no specific prohibition against providing Notary services to a relative. A South Carolina Notary may not notarize under the following conditions: “A notary may not perform a notarial act if the … notary is a signer of, party to, or beneficiary of the record that is to be notarized. A disqualification pursuant to this item does not apply to an employee of a court within the unified judicial system, a notary who is named in a record solely as the trustee in a deed of trust, the drafter of the record, the person to whom a registered document must be mailed or sent after recording, or the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity” (SCC 26-1-90[C][3]). “A notary may not perform a notarial act if the … notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 26-1-100, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (SCC 26-1-90[C][4]).

Cynthia L Spyrnal

19 Sep 2023

If I am a notary can I marry my son in the state of Wisconsin?

28 Sep 2023

Hello. Wisconsin Notaries are not authorized to perform weddings as part of their official duties. Please see this article for information on non-Notary options for officiating weddings: https://www.nationalnotary.org/notary-bulletin/blog/2014/05/how-notaries-add-wedding-services

Nikki Barnett

03 Oct 2023

My daughter is a Notary in Tennessee, can she officiate our wedding?

Hello. We are not aware of any restrictions in Tennessee that prohibit a child from officiating a parent's wedding.

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