No, a notary cannot marry someone in Georgia. A Georgia notary commission authorizes a limited set of acts like witnessing signatures and administering oaths, and performing marriages is not among them. For a wedding to be valid, the ceremony must be led by someone the state separately recognizes as an authorized officiant, such as a judge, magistrate, or minister.
Why a Notary Commission Does Not Include Marriage Authority
Georgia law spells out exactly what notaries can do. Under O.C.G.A. § 45-17-8, a notary public is authorized to witness signatures, take acknowledgments, administer oaths and affirmations, witness affidavits, take verifications, and make certified copies of original documents that aren’t otherwise available from an official source.1Justia. Georgia Code 45-17-8 – Powers and Duties Generally Solemnizing marriages is not on that list. The statute includes a catch-all for acts authorized by other Georgia laws, but no other Georgia statute extends marriage authority to notaries as a class.
Some other states do allow notaries to perform weddings. Georgia does not. A person who holds a notary commission and also qualifies under a different category (an ordained minister who happens to be a notary, for example) can officiate, but the authority comes from the ministerial credential, never from the notary seal.
Who Can Legally Officiate a Wedding in Georgia
Georgia’s authorized officiants are listed in O.C.G.A. § 19-3-30. The marriage license is specifically directed to one of the following:
- The Governor or any former Governor of Georgia
- Any judge, including judges of state and federal courts of record in Georgia
- City recorders and magistrates
- Ministers or other persons of any religious society or sect who are authorized by their society’s rules to perform marriages
That last category is the broadest and the one most non-clergy officiants rely on.2Justia. Georgia Code 19-3-30 – Issuance, Return, and Recording of License The statute does not limit “minister” to any particular denomination or type of ordination.
Online Ordination for a Friend or Family Member
If you want someone close to you to officiate, online ordination through organizations like the Universal Life Church or American Marriage Ministries is the most common route. The statute’s language authorizes any minister or other person of a religious society or sect who is authorized to perform marriages under that society’s own rules, and online ordination organizations typically grant that authority as part of the ordination process.2Justia. Georgia Code 19-3-30 – Issuance, Return, and Recording of License
Georgia has no statute explicitly prohibiting or permitting online ordination for marriage purposes, and no appellate court has squarely ruled on the issue. In practice, most Georgia probate courts accept marriage licenses returned by online-ordained ministers without challenge.
If the Officiant’s Authority Is Later Questioned
Georgia law provides a strong backup. Under O.C.G.A. § 19-3-42, a marriage that is valid in all other respects and that the parties believed to be legal is not invalidated by the officiant’s lack of authority. The statute specifically bars either spouse who lived with the other after the ceremony from raising that objection. So even if someone who held only a notary commission somehow performed the ceremony, the marriage would likely survive a legal challenge, provided both spouses believed it was valid and the license was otherwise properly obtained.
Treat this as a safety net, not a plan. The right move is to confirm your officiant holds one of the recognized credentials before the ceremony.
Returning the License After the Ceremony
Once the wedding is over, the officiant must return the completed marriage license to the probate court that issued it within 30 days, with a certificate noting the fact and date of the marriage.2Justia. Georgia Code 19-3-30 – Issuance, Return, and Recording of License The probate court then records the license and issues the official marriage certificate.
This is the step that most often trips up a casual officiant. If your officiant is a friend who got ordained online for your wedding, make sure they know about the 30-day deadline before the ceremony. A late return does not automatically void the marriage under Georgia law, but it creates headaches when you need certified copies of the marriage certificate for a name change, insurance enrollment, or other legal purposes.