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Maryland

2-406 Performance of ceremony

(a) Authorized officials.-

(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.

(b) Period during which ceremony may be performed.- Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license.

(c) Performance by unauthorized individual prohibited; penalty.-

(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.

(d) Performance between individuals within prohibited degrees prohibited; penalty.-

(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.

(e) Performance without license prohibited; penalty.-

(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.

(f) Ceremony performed by a clerk or deputy clerk.- 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.

(g) Forms of religious ceremonies.- 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.

Family Law - Title 2. Marriage - Subtitle 4: Licensing and Performance

[An. Code 1957, art. 27, §§ 392, 394; art. 62, §§ 3A, 4, 15; 1984, ch. 296, § 2; 1999, ch. 336, § 2; 2002, ch. 207; 2004, ch. 199; 2009, ch. 324.]


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