Yes, a notary can marry someone in South Carolina. The state is one of only a handful where a commissioned notary public has full legal authority to solemnize a wedding, and that authority reaches every county.1SC Secretary of State. Notary Public Reference Manual The couple still needs a marriage license first, and the notary who performs the ceremony carries some legal responsibilities afterward, but the ceremony itself is valid.
Why South Carolina Notaries Can Officiate
South Carolina’s marriage statute lists four categories of people who can legally perform a wedding: ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in the state, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage
Notaries fit into the third category. Administering oaths and affirmations is one of a notary’s core functions under Title 26 of the state code, which makes every commissioned notary an “officer authorized to administer oaths” for purposes of the marriage statute.3South Carolina Legislature. South Carolina Code Title 26 Chapter 1 – Notaries Public and Acknowledgments The Secretary of State’s office confirms this reading in its notary reference manual.1SC Secretary of State. Notary Public Reference Manual
A South Carolina notary’s jurisdiction covers the entire state, so the ceremony can happen anywhere within it.3South Carolina Legislature. South Carolina Code Title 26 Chapter 1 – Notaries Public and Acknowledgments The commission does not cross state lines, though. A notary commissioned in South Carolina cannot officiate a wedding in North Carolina, Georgia, or any other state unless that state independently gives notaries the same power.1SC Secretary of State. Notary Public Reference Manual Most do not.
Get the License Before the Ceremony
The couple has to obtain a marriage license before any officiant, notary or otherwise, can perform the ceremony. Both parties appear together at the probate court, or the clerk of court in Darlington and Georgetown counties, and file a sworn written application with their full names, ages, and residences.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage
There is a mandatory 24-hour waiting period between filing the application and picking up the license, so the license cannot be obtained and used the same day. Once issued, it does not expire, so the ceremony does not have to happen within any set window.4Horry County. Marriage License Fees typically fall between $50 and $150 depending on the county.
Performing a ceremony for a couple who never produced a valid license is a crime. An officiant convicted of doing so faces a fine of $25 to $100 or 10 to 30 days in jail. Interestingly, the statute says the absence of a license does not by itself invalidate the marriage; the penalty falls on the officiant, not the couple.2South Carolina Legislature. South Carolina Code Title 20 Chapter 1 – Marriage Still, no notary should agree to officiate without seeing the license first.
What the Notary Has to Do After the Ceremony
After performing the ceremony, the officiant is legally responsible for returning the completed marriage license to the probate judge or clerk of court who issued it. That return is what creates the official marriage record. A notary agreeing to officiate should build this step into the plan, not treat it as an afterthought.
Becoming a Notary to Officiate
If you are reading this because you want to officiate a friend’s or family member’s wedding, becoming a South Carolina notary is not complicated. Notaries are appointed by the Governor and commissioned by the Secretary of State. You must be a registered South Carolina voter, complete an application that includes taking the constitutional oath of office, and pay a $25 fee.1SC Secretary of State. Notary Public Reference Manual The application goes through your county’s legislative delegation office, which verifies your voter registration before sending it on to the Secretary of State. Once commissioned, you have 15 days to enroll with the Clerk of Court in your county, although there is no penalty for enrolling late.
Build in enough lead time before the wedding date. Between the application processing and the couple’s own 24-hour license waiting period, a last-minute plan can run short.