Confidential marriage licenses may be issued by the county clerk to a notary public pursuant to Family Code section 503. The license shall be valid for a period of 90 days and may only be used in the county in which it was issued.

A notary public interested in authorizing confidential marriages may apply for approval to the county clerk in the county in which the notary resides. A notary public shall not authorize a confidential marriage unless he or she is approved by the county clerk having jurisdiction, which will require that the notary public complete a course of instruction offered by the county clerk and that he/she be one of the persons (priest, minister, or rabbi) authorized under Family Code sections 400 to 402. The county clerk in the county where the notary public resides may or may not approve the authorizing of confidential marriages, so it is best to check with them if interested in obtaining approval.

The form that a notary public completes when notarizing a confidential marriage license is a jurat. Execution of a jurat requires that the signers personally appear before the notary public, that they sign the document in the presence of the notary public, that the notary public administer the oath or affirmation, and that the notary public certified the signer identity(ies). (Government Code section 8202)

If the county clerk finds the notary public has violated any provisions of Family Code section 500 regarding confidential marriages, the county clerk may place the notary public on probation or suspend or revoke his or her approval. If a notary public violates any of the provisions of Government Code section 8214.1, the approval shall be revoked. In addition, the county clerk shall report the findings of any hearing to the Secretary of State for appropriate action.