Remote Marriage Licenses in California

California’s Family Code, in Division 3, Part 5, deals with remote marriage license issuance and solemnization.

Section 550 authorizes a county clerk to issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony under state law using remote technology pursuant to this part, except for a marriage of a minor.

Section 552 states that a couple seeking a marriage license or solemnization pursuant to this part is required to present, in the manner requested by the county clerk, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the county clerk.

Section 554 requires each member of the couple to be physically located in the State of California while using remote technology to obtain a marriage license pursuant to this part. The couple must be in the same physical location in California while using remote technology to solemnize their marriage pursuant to this part.

In addition, the person solemnizing the marriage, any necessary witnesses, and the county clerk are all be physically located in the State of California, but may be at separate physical locations from each other and the couple solemnizing their marriage. The county clerk may require a couple to complete an affidavit.

Section 556 provides that, at the discretion of the county clerk, a couple applying for a marriage license using remote technology may sign their marriage license electronically or by original wet signature. The couple is required to transmit a signed, legible copy of their marriage license by United States mail, fax, or electronic means directly to the county clerk, in the manner required by the county clerk.

In addition, before the solemnization of a marriage pursuant to this part, one or both of the parties to be married is required to transmit the marriage license by United States mail, fax, or electronic means to the person solemnizing the marriage and any necessary witnesses, in the manner required by the county clerk.

Section 558 allows a county clerk to guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology pursuant to this part.

Section 560 defines the term “remote technology.”