No, you do not need a birth certificate to get married in California. Under California Family Code Section 354, each applicant must present a valid government-issued photo ID showing their name and date of birth, and the law also allows a sworn statement from a credible witness when photo ID is unavailable.1Justia Law. California Code FAM 350-360 – Marriage License A birth certificate can help if you are missing standard identification, but it is never required on its own.
What Identification You Actually Need
The default is simple. Bring a current, unexpired, government-issued photo ID that shows your full legal name and date of birth. A driver’s license, state ID card, passport, or military ID all qualify.2Orange County Clerk-Recorder. Marriage Services Both applicants need their own document. You cannot share one ID between you.
Both of you also have to appear in person at the county clerk’s office together. It does not have to be the county where the ceremony will happen, but the completed license has to be returned to the county that issued it.3California Department of Public Health. California Marriage License Registration and Ceremony Information
When a Birth Certificate Can Help
A birth certificate becomes useful only if you do not have a single document that shows both your photo and your date of birth. Some county clerks will accept two documents together in that situation: one showing your photograph (such as a school or employee ID) and one showing your date of birth, which is where a certified birth certificate or baptismal record can fill the gap.4San Bernardino County Assessor. Marriage License Requirements
If you have no photo identification at all, state law lets you bring one or more credible witnesses who can sign an affidavit vouching for your identity.1Justia Law. California Code FAM 350-360 – Marriage License The county clerk keeps discretion here. If anything on your application raises a question, the clerk can ask for additional documents before issuing the license.
Policies vary a little between counties on what secondary documents they will accept. Call the specific clerk’s office before your visit if you are relying on anything other than a standard photo ID.
Other Eligibility Rules to Know Before You Apply
Bringing the right ID is only part of the requirement. California also imposes several eligibility rules that the clerk will check at the counter.
Age
Both people must be at least 18. A 2024 law, AB 2924, removed the previous exception that let minors marry with parental consent and a court order. The change took effect January 1, 2025.5California Legislative Information. AB 2924 Marriage There is no longer any pathway for someone under 18 to marry in California.
No Existing Marriage
Neither applicant can already be married to someone else. Any prior marriage has to have ended by divorce, annulment, or the death of the former spouse before you apply. The application asks for the exact date and location that a previous marriage ended, so bring those details with you.1Justia Law. California Code FAM 350-360 – Marriage License
Close Relatives
Marriages between close blood relatives are void under California law. That covers parents and children, grandparents and grandchildren at any generational distance, siblings including half-siblings, and uncles or aunts with nieces or nephews.6California Legislative Information. California Family Code FAM 2200
Capacity and Consent
Both people have to understand what marriage means and freely consent to it. The county clerk can refuse to issue a license if either applicant appears intoxicated or under the influence of drugs at the time of the application.1Justia Law. California Code FAM 350-360 – Marriage License
What the Application Itself Requires
Beyond the ID, expect to provide each person’s full legal name, date of birth, current mailing address, and place of birth. The application also asks for both parents’ full legal names and birthplaces.8Justia Law. California Code FAM 350-360 – Marriage License
Some counties let you complete a pre-application online to shorten the wait at the counter, but the in-person visit by both applicants is still required.
Fees
Fees vary by county. Plan on roughly $60 to $100. Orange County charges $61 for a public license,7Orange County Clerk-Recorder. Marriage Services while Sacramento County charges $97 for a public license and $98 for a confidential one.9Sacramento County Clerk Recorder. Marriage License and Ceremony Fees Accepted payment methods also differ, so confirm before you show up if you plan to pay by card or personal check.
Public vs. Confidential License
California issues two kinds of marriage licenses, and the ID requirements are the same for both. A public license is the standard option and results in a record anyone can request a copy of. A confidential license is available only to couples who are both at least 18 and already living together as spouses; the record is not accessible to the public, and only the two spouses can obtain certified copies without a court order.10California Department of Public Health. Types of Marriage Licenses Both carry identical legal weight.
No Waiting Period, No Blood Test
California has no waiting period for a marriage license. It is typically issued the same day you apply. No blood test or medical exam is required either. Once issued, the license is valid for 90 days, and the ceremony must take place somewhere in California within that window or you will need to buy a new one.3California Department of Public Health. California Marriage License Registration and Ceremony Information
So the short version stays the same: bring a valid photo ID with your name and date of birth, bring your partner with the same, and leave the birth certificate at home unless your ID situation is unusual. If it is unusual, call the county clerk before you go and ask which combination of documents they will accept for your specific case.