
April 5, 2002 |
2002-R-0399 | |
PERFORMING MARRIAGE CEREMONIES IN NEW YORK | ||
By: Susan Price-Livingston, Associate Attorney | ||
You asked whether a layperson, related to the groom, can perform a marriage in New York. The Office of Legislative Research is not authorized to give legal opinions and this report should not be considered as such.
New York law requires all marriages validly performed within its borders to be solemnized. Section 11 of its Domestic Relations Law lists specific members of the clergy, judges, and public officials who may perform this task. Unless the groom's relative falls within one of these categories, he cannot solemnize the marriage.
However, there is another legally permissible method for solemnizing marriages in New York. The couple and at least two witnesses can sign a marriage contract. All of them must sign the document in New York, and it must state the place of residence of each of the parties and witnesses and date and place of marriage. The parties and witnesses must acknowledge the contract in front of a judge sitting in one of New York's courts of record. So long as the requirements of this provision of the statute are met, it appears that anyone (or the couple themselves) can officiate at the wedding.
We include a copy of the law along with the official commentary. The latter includes a list of New York's courts of record.
SP-L: eh