§ 19-3-39.Certification and recordation of marriage after publication of banns
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 2010 · Last verified October 9, 2026
Full Text of § 19-3-39
Plain-English Summary
Several sections of Chapter 3 speak of “a license or the publication of banns” as the two things an officiant needs before joining a couple in marriage. Sections 19-3-46 and 19-3-48 both use that phrase. Banns are a public announcement, traditionally made in a church, that two people intend to marry.
This section handles the paperwork for the banns route. When the Governor or a former Governor, a judge, city recorder, magistrate, minister or other authorized person marries a couple whose banns have been published, that person shall certify the fact to the judge of the probate court of the county where the banns were published. The probate judge shall then record it in the same book in which marriage licenses are recorded. The result is a public record of the marriage alongside the licensed marriages in that county.
The section doesn’t explain how banns must be published or who may publish them, and it sets no deadline for the certification. For a licensed marriage, by comparison, § 19-3-30 requires the officiant to return the license with a certificate of the fact and date of the marriage within 30 days after the marriage. The section was last amended in 2010. If you are considering a banns marriage, the probate court in the county where the banns will be published can tell you how it handles the certification.
Frequently Asked Questions
What are marriage banns?
Banns are a public announcement that two people intend to marry, traditionally read or posted in a church before the wedding. Georgia’s marriage statutes still mention them: Code Sections 19-3-46 and 19-3-48 speak of marrying a couple with “a license or the publication of banns.” This section says what happens after a banns marriage — the officiant certifies it to the probate judge for recording.
Can you get married in Georgia without a marriage license?
The statutes treat the publication of banns as the alternative to a license. An officiant who marries a couple without either one forfeits $500 under § 19-3-46 and commits a misdemeanor under § 19-3-48. This section doesn’t say how banns must be published, so if you are considering that route, ask the probate court in your county how it handles banns marriages before the ceremony.
Who has to report a banns marriage to the probate court?
The person who performed the ceremony. If the Governor or a former Governor, a judge, city recorder, magistrate, minister or other authorized person marries a couple whose banns were published, that person shall certify the fact to the probate judge. The section puts the duty on the officiant, not the couple, though the couple has every reason to make sure it happens.
Which county records a marriage performed after banns?
The county where the banns were published. The certification goes to that county’s probate judge, who records it in the same book in which marriage licenses are recorded. The section ties the record to the place of publication, so that county’s probate court is where the record of the marriage will be kept.
Is there a deadline to certify a banns marriage?
This section sets none. It says only that the officiant shall certify the fact of the marriage to the probate judge. For a licensed marriage, § 19-3-30 sets a clear deadline: the officiant must return the license with the certificate of marriage within 30 days after the date of the marriage. Prompt certification after a banns marriage keeps the public record complete.
Amendment History
Laws 1983, p. 884, § 4-1; Laws 2010, Act 439, § 2, eff. July 1, 2010.
Formerly Code 1863, § 1660; Code 1868, § 1703; Code 1873, § 1704; Code 1882, § 1704; Civil Code 1895, § 2418; Civil Code 1910, § 2937; Code 1933, § 53-209.