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§ 2-406. Performance of marriage ceremony

West's Annotated Code of MarylandFamily LawEffective: October 1, 2009

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 2. Marriage (Refs & Annos)
Subtitle 4. Licensing and Performance (Refs & Annos)
Effective: October 1, 2009
MD Code, Family Law, § 2-406
§ 2-406. Performance of marriage ceremony
“Judge” defined; authorized officials
(a)(1) In this subsection, “judge” means:
(i) a judge of the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals;
(ii) a judge approved under Article IV, § 3A of the Maryland Constitution and § 1-302 of the Courts Article for recall and assignment to the District Court, a circuit court, the Court of Special Appeals, or the Court of Appeals;
(iii) a judge of a United States District Court, a United States Court of Appeals, or the United States Tax Court; or
(iv) a judge of a state court if the judge is active or retired but eligible for recall.
(2) A marriage ceremony may be performed in this State by:
(i) any official of a religious order or body authorized by the rules and customs of that order or body to perform a marriage ceremony;
(ii) any clerk;
(iii) any deputy clerk designated by the county administrative judge of the circuit court for the county; or
(iv) a judge.
Period during which marriage ceremony may be performed
(b) Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license.
Performance of marriage ceremony by unauthorized individual
(c)(1) An individual may not perform a marriage ceremony unless the individual is authorized to perform a marriage ceremony under subsection (a) of this section.
(2) An individual who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Performance of marriage ceremony between individuals within prohibited degrees
(d)(1) An individual may not knowingly perform a marriage ceremony between individuals who are prohibited from marrying under § 2-202 of this title.
(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Performance of marriage ceremony without license
(e)(1) An individual may not perform a marriage ceremony without a license that is effective under this subtitle.
(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Ceremony performed by a clerk or deputy clerk
(f) The county administrative judge of the circuit court for the county shall designate:
(1) when and where the clerk or deputy clerk may perform a marriage ceremony; and
(2) the form of the marriage ceremony to be recited by the clerk or deputy clerk and the parties being married.
Forms of religious ceremonies
(g) This section does not affect the right of any religious denomination to perform a marriage ceremony in accordance with the rules and customs of the denomination.

Credits

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1999, c. 336, § 2, eff. Oct. 1, 1999; Acts 2002, c. 207, § 1, eff. June 1, 2002; Acts 2004, c. 199, § 1, eff. July 1, 2004; Acts 2009, c. 324, § 1, eff. Oct. 1, 2009.
Formerly Art. 27, §§ 392, 394; Art. 62, §§ 3A, 4, 15.
MD Code, Family Law, § 2-406, MD FAMILY § 2-406
Current with all legislation from the 2021 Regular Session and 2021 First Special Session of the General Assembly. Some statute sections may be more current, see credits for details.
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