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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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21 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?

National Notary Association

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

National Notary Association

11 May 2021

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

Jane

11 May 2021

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?

National Notary Association

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

11 May 2021

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

National Notary Association

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?

National Notary Association

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?

National Notary Association

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

National Notary Association

07 Sep 2021

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!

National Notary Association

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?

National Notary Association

08 Nov 2021

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

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