A notary public cannot marry someone in California. The Family Code lists exactly who may solemnize a marriage in the state, and notaries do not appear anywhere on that list. If you want a notary friend or relative to officiate your wedding, the workaround is to have that person appointed as a deputy commissioner of civil marriages for the day through the county clerk.
Why a California Notary Cannot Officiate
Family Code Section 400 sets out every category of person authorized to perform a marriage in California: priests, ministers, rabbis, and other authorized persons of any religious denomination who are at least 18; active and retired judges, court commissioners, and assistant commissioners of any California court of record; federal judges and magistrates, including bankruptcy and tax court judges; and current and former members of the California Legislature, California constitutional officers, and members of Congress representing a California district.1California Legislative Information. California Code FAM 400 – Persons Authorized to Solemnize Marriage Section 402 adds a narrow county-licensed category for certain officials of nonprofit religious institutions who hold a doctoral degree.2California Legislative Information. California Code Family Code 402 – County Licensing of Nonprofit Religious Institution Officials
Notary public is not on either list. Some other states do let notaries officiate weddings, which is where the confusion starts, but California does not. A notary who signs a marriage license as the solemnizing officer without separate authority is acting outside the law.
What a Notary Actually Can Do in a California Marriage
California carves out one marriage-related function specifically for notaries, and it is administrative, not ceremonial. A confidential marriage license is a special license available to couples who have been living together as spouses, and unlike a standard public license it does not become part of the public record and requires no witnesses at the ceremony.3California Legislative Information. California Code Family Code 500 – General Provisions
Under Family Code Section 530, a notary public who has been approved by the county clerk may issue confidential marriage licenses. Issuing one without that county approval is a misdemeanor punishable by a fine of up to $1,000 or up to six months in jail.4Justia Law. California Family Code 530-536 – Approval of Notaries to Authorize Confidential Marriages An approved notary who later engages in misconduct can be revoked, suspended, or placed on probation by the county clerk after a hearing.5California Legislative Information. California Code Family Code 535 – Approval of Notaries to Authorize Confidential Marriages
Even then, the notary is only handling paperwork. They verify the couple’s eligibility and issue the license. They cannot sign that license as the person who solemnized the marriage. A separately authorized officiant still has to perform the ceremony.
Deputy Commissioner for a Day: The Workaround
The most practical path for a notary, or any friend or relative, who wants to officiate a specific wedding is the deputy commissioner of civil marriages program. Family Code Section 401 makes each county clerk a commissioner of civil marriages and lets the commissioner appoint deputies who may solemnize marriages.6California Legislative Information. California Family Code 400-402 – Persons Authorized to Solemnize Marriage Counties use that authority to run “deputy commissioner for a day” programs that grant a private citizen temporary authority for a single ceremony.
Procedures vary across California’s 58 counties, so check with the clerk where you plan to apply. In Los Angeles County, which runs one of the most established programs, the process looks like this:
- Submit an application with a $75 non-refundable fee, plus a $13 expediting fee if filed less than a month before the ceremony. Apply about two months in advance.7County of Los Angeles Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program
- Attend a virtual class of about an hour, present valid photo identification, and take an oath of office.7County of Los Angeles Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program
- No residency requirement. The person being deputized does not need to live in the county or even in California, as long as they have valid government-issued ID.
- The appointment is valid for ceremonies anywhere in California, but not for ceremonies in other states.7County of Los Angeles Registrar-Recorder/County Clerk. Deputy Commissioner for a Day Program
Fees and procedures differ across counties. Some charge more or less than $75, and some still require an in-person appearance rather than a virtual class. The authority expires once the ceremony is complete and the license is signed.
Online-Ordained Ministers as an Alternative
If your notary does not want to go through the deputy commissioner process, online ordination is the other common route people ask about. Section 400 authorizes any “priest, minister, rabbi, or authorized person of any religious denomination” who is at least 18. The California Department of Public Health has stated that “it is the ordination or investment by the denomination that gives each clergy member the authority to perform the marriage rite.”8California Department of Public Health. Marriage Officiant Frequently Asked Questions The statute does not require a brick-and-mortar church, a seminary degree, or any minimum period of service.
Organizations such as the Universal Life Church have ordained millions of people online, and those ministers regularly officiate California weddings. No California statute explicitly bars online ordination, and county clerks across the state routinely accept marriage licenses signed by online-ordained officiants. A handful of other states have challenged the validity of online ordinations in court, so the picture is not entirely settled nationwide, but within California online-ordained ministers perform weddings every day without issue.
Returning the License After the Ceremony
Whoever officiates has one more duty after the vows. Under Family Code Section 423, the person who solemnized the marriage must return the completed, signed license to the county recorder within 10 days of the ceremony.9California Legislative Information. California Code Family Code FAM 423 – Return of Marriage License For confidential marriages, the license goes back to the county clerk’s office instead of the recorder.10California Department of Public Health. California Marriage License, Registration and Ceremony Information One-day deputy commissioners sometimes miss this step because they are not professional officiants. Failing to meet the deadline is a misdemeanor for the officiant under Penal Code Section 360, which covers anyone authorized to solemnize a marriage who fails to follow proper procedures or makes a false return.11California Legislative Information. California Code Penal Code 360 – Unauthorized or Improper Solemnization
Confirm with your officiant that the license has been returned. If it never gets filed, the marriage still happened legally, but you will have no official record, which creates problems for everything from name changes to insurance enrollment.