A notary public who is interested in issuing confidential marriage licenses must apply for approval from the county clerk in the county where the notary resides. The county clerk offers a course of instruction that the notary must complete before authorization is granted. A notary must not issue a confidential marriage license unless approved by the county clerk having jurisdiction (Family Code §530).
Important distinction: authorization to issue a confidential marriage license is separate from authority to perform the marriage ceremony. To perform the marriage itself, the notary must also be one of the persons authorized under Family Code sections 400 to 402 (e.g., priest, minister, or rabbi of any denomination).
The county clerk may or may not approve the authorization — it is discretionary, not automatic.
Exam Tip: Two separate authorizations are needed: (1) county clerk approval to issue the license, and (2) status as an authorized officiant to perform the ceremony. Being a notary alone qualifies for neither. This topic tests whether candidates understand the limits of notary authority.
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