Yes, in California an ordained minister can legally perform a wedding, as long as they qualify under California Family Code section 400 and complete your marriage license correctly. The details matter, especially if the minister was ordained online or you want a friend or family member to officiate. This guide explains who can legally perform a wedding in California, what an officiant is required to do, and how to avoid problems with your license.
This is general information, not legal advice. Requirements and fees vary by county, so confirm the details with the county clerk where you apply for your license.
I’m Gabriel Hernandez, a wedding officiant based in San Dimas with 19 years of experience and 300+ ceremonies performed. Questions about your ceremony? Call (626) 675-9904 (8am to 9pm) for a free consultation.
Who Can Legally Perform a Wedding in California?
California Family Code sections 400 to 402 list who may solemnize a marriage. In plain terms:
- Clergy and authorized religious persons: a priest, minister, rabbi or authorized person of any religious denomination who is 18 or older (section 400(a)).
- Judges and court commissioners: California judges, retired judges, and commissioners of civil marriages, plus certain federal judges and magistrates (section 400(b)).
- Certain elected and public officials: for example current and former legislators and elected local officials, and certain city clerks, who are 18 or older. Those still in office may not accept payment for it (section 400(c) and (d)).
- Deputy Commissioners of Civil Marriages: a county clerk can deputize someone to perform marriages, including a one-day appointment for a friend or relative. The authority is valid statewide, but the program varies by county and is not offered everywhere (section 401).
- Out-of-state clergy: ministers from other states may officiate in California if they qualify under section 400.
Do Ordained Ministers Have to Register With the State?
No. According to the California Department of Public Health, California law makes it unnecessary for people who perform marriages to file credentials with the court clerk or anyone else, and the state does not maintain a central registry of clergy. The county and state do not verify credentials, so the authority comes from the minister’s ordination or investiture by the denomination, and checking it is up to the couple.
What About Online Ordination?
Many people become ordained online so they can officiate a friend’s or relative’s wedding. The state’s officiant guidance does not address online ordination directly, so there is no official statement either way. Because California does not verify credentials, the practical risk is a problem when your signed license is processed. If you or your officiant were ordained online, call the county clerk where you are getting your license, tell them who will officiate and how they were ordained, and ask whether they see any issue.
Can a Friend or Family Member Marry Us?
Yes, there are two common routes. A friend or relative can qualify as clergy or an authorized person of a religious denomination under section 400(a), or they can be deputized by the county clerk as a Deputy Commissioner of Civil Marriages for a day. Ask your county clerk how its program works, what it costs and how far ahead you need to apply. If you would rather have someone experienced handle the ceremony and the paperwork, that is what a hired officiant is for. See how to choose a wedding officiant.
What the Officiant Must Do Legally
- Review the license before the ceremony. The officiant must review the marriage license before solemnizing the marriage, and doing so without reviewing it is a misdemeanor under Penal Code section 360.
- Have everyone physically present. The couple, the officiant and any required witness must be together in the same place. Marriage by proxy is not allowed.
- Complete and sign the license. A public marriage license needs at least one witness, and there is room for a second.
- Return the license within 10 days. The person who performed the ceremony must return the signed license to the county recorder of the county that issued it within 10 days (Family Code section 359).
California Marriage License Basics
- Both of you apply through a county clerk’s office with valid photo identification. You do not need to be a California resident, and no blood test is required.
- The license is valid for 90 days from the date it is issued and can be used anywhere in California.
- The signed license must be recorded in the county where it was issued.
- A confidential marriage license does not use witnesses. Ask the clerk which type fits your situation.
For the full walkthrough, see our California marriage license guide.
Common Mistakes to Avoid
- Waiting until after the ceremony to find out whether your officiant can sign the license.
- Letting the 90-day license window run out before the wedding.
- Assuming someone else is returning the signed license. Confirm who does it and by when.
- Submitting a license that is incomplete or hard to read. Depending on the county, an unacceptable license can be rejected and a duplicate must be signed again.
How Hernandez Weddings Helps
I perform custom, non-denominational ceremonies for couples within 50 miles of San Dimas, with travel included and a small fee beyond that. Simply The Ceremony ($400, $200 deposit) includes a custom ceremony with customized vows, all planning meetings and help with the marriage license application. The Royal Wedding ($500, $250 deposit) adds working with your witnesses on the big day for signatures and delivering the signed marriage certificate on your behalf. Vow renewals are $300 ($150 deposit). Compare options in our Southern California pricing guide, and learn more about the role of ordained ministers in wedding ceremonies or how to find an ordained minister online.
I regularly work with couples in Covina, Azusa and Rancho Cucamonga.
Frequently Asked Questions
Can an ordained minister legally perform a wedding in California?
Yes, if they are a priest, minister, rabbi or authorized person of a religious denomination who is 18 or older, as described in Family Code section 400(a). Confirm any online ordination with your county clerk.
Does California require officiants to register?
No. California does not require officiants to file credentials and does not keep a registry of clergy.
How long does the officiant have to return the license?
Within 10 days of the ceremony, to the county recorder of the county that issued the license.
Can anyone become an officiant for one day?
In counties that offer it, a county clerk can deputize a person as a Deputy Commissioner of Civil Marriages for a day. Ask your county clerk whether the program is available.
Ready to book? Call (626) 675-9904 for a free consultation, or see the packages and prices on the homepage.