Kara Sears
If you're planning to get married in Puerto Rico, there are a few legal requirements you'll need to meet to obtain a marriage license. While Puerto Rico is considered part of the United States for legal purposes, its marriage laws blend traditions from the two reigning legal systems in its history. Here's an overview of the process to help you navigate the legal aspects of your wedding plans. From blood tests to affidavit requirements, there are several key steps to keep in mind.
| Characteristics | Values |
|---|---|
| Blood tests | Required for residents, not required for non-residents. |
| Medical certificate | Required for both residents and non-residents. |
| Identification | Valid government-issued ID, such as a passport, driver's license, or state ID. |
| Birth certificate | Required for both residents and non-residents. |
| Divorce decree | Required for both residents and non-residents if previously married. |
| Spouse's death decree | Required for both residents and non-residents if applicable. |
| Affidavit | Required for non-residents, stating their intention to return to their country of residence after the wedding. |
| Officiant | Must be an official wedding officiant registered and authorized by the Demographic Registry. |
| Witnesses | At least two witnesses are required, and they must be at least 21 years old with valid identification. |
| Common-law marriage | Not recognized in Puerto Rico. |
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What You'll Learn
Requirements for a marriage license
To obtain a marriage license in Puerto Rico, couples must comply with certain procedures and requirements provided in the Puerto Rico Civil Code and applicable special laws. Here are the key requirements for a marriage license:
Photo Identification
Each individual must provide valid photo identification, such as a driver's license, passport, or state ID. Foreigners must present a valid passport, visa, or green card.
Birth Certificates
Both spouses must provide a birth certificate. If the original is not available, a high-quality photocopy is acceptable. If the legal name of either spouse does not match their birth certificate, sealed and certified change-of-name evidence is required.
Medical Certification
A medical certificate is required, confirming that the couple has complied with the necessary laboratory tests, including screening for sexually transmitted diseases (syphilis, gonorrhea, chlamydia, and HIV). This certificate must be signed by a doctor licensed to practice in Puerto Rico.
Internal Revenue Stamp
An Internal Revenue Stamp, which can be purchased at a government office, is required. The cost of this stamp is specified as $20 or $30 in different sources.
Divorce or Death Decree (if applicable)
If either spouse has been previously married, original copies of divorce decrees from all previous marriages are required. If the divorce decree was issued in a US state, a certificate issued by an authorized officer or the county clerk must accompany it. Additionally, there is a waiting period of 30 days after the divorce decree becomes final and unappealable before the individual can remarry, unless this was waived at the time of divorce. If either spouse is a widow, the former spouse's death certificate must be provided.
Affidavit (for non-residents)
Non-residents of Puerto Rico must present an affidavit or sworn statement certifying that they will not stay in Puerto Rico for longer than specified in their permission documents to enter US territory. This affidavit must be prepared within 10 days prior to the wedding and can be obtained from a lawyer or notary public, accompanied by certification from the County Clerk.
Witnesses
At least two witnesses, who are at least 21 years old and have valid identification, must be present during the ceremony.
Officiant
The wedding must be officiated by an official wedding officiant registered and authorized by the Demographic Registry. This can include a Puerto Rican judge, lawyer-notary, or minister.
It is important to note that common-law marriages are not recognized in Puerto Rico, and blood tests are generally not required for visitors or travellers to the island. However, residents of Puerto Rico may need to undergo blood tests.
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Who can officiate a wedding
To be legally married in Puerto Rico, the officiant must be a registered wedding officiant authorised by the Demographic Registry. You can opt for a civil ceremony performed by a Puerto Rican judge, lawyer-notary, or minister.
If you wish to have a friend or relative officiate the ceremony, you can still do so symbolically, but you will need to hire an official officiant to sign the legal documentation. This can be done virtually, so your friend or relative does not need to travel to Puerto Rico.
If you are a non-US resident, you may need an Apostille to register your marriage certificate. An orientation with your officiant is recommended 2-3 months before the wedding to ensure you have all the necessary paperwork.
In addition to the officiant, you will need two witnesses present at the ceremony. They must be over 21, able to read and write, and have valid identification.
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Blood tests and medical certificates
If you are a resident of Puerto Rico, you will need to undergo blood and urine tests for syphilis, chlamydia, gonorrhea, and HIV. These tests must be conducted by a Puerto Rican physician or a Federally Certified Laboratory. If you test positive for any of these diseases, you must show that you are under a doctor's care and treatment. The cost for these tests ranges from $66 to $70 per person.
However, if you are not a Puerto Rican resident, you are not required to take the blood test. Instead, you will need to provide a sworn statement or affidavit confirming that you are not a resident of Puerto Rico and that you are only visiting the island as a tourist or for the purpose of getting married. This statement must be dated within 10 days before the wedding and can be obtained from a lawyer or a notary public.
If you are a non-resident, you may also need to bring a medical certificate or letter from your doctor stating that you have met the medical requirements for marriage in your home state or country, including any required blood tests. This letter should be on the doctor's letterhead and dated within 10 days before the wedding. It should specify that your home state does not require blood tests or any other medical requirements for marriage if that is the case.
It is important to note that the laws and requirements for marriage in Puerto Rico may change over time, so it is always best to verify the most up-to-date information before planning your wedding.
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Documents for divorced or widowed individuals
If either party has been married before, they must bring a certified copy of the divorce decree or public instrument of divorce from all previous marriages. If the divorce decree was issued in a US state, the person must bring a certificate issued by an authorized officer or the county clerk. There is a 30-day waiting period after the copy of the notice of the divorce decree has been filed before the individual can remarry.
In the case of widowhood, the deceased spouse's death certificate must be presented. If either parent or guardian is deceased, the proper death certificate must be submitted.
In addition to the above, individuals will also need to bring the standard set of documents required for marriage in Puerto Rico. These include:
- Valid, government-issued photo ID (passport, driver's license, etc.)
- Birth certificate
- Medical certification
- Internal Revenue Stamp ($150)
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Affidavit requirements for visitors
If you are visiting Puerto Rico to get married, you must obtain an affidavit of intention. This sworn statement must be prepared within 10 days before the wedding and can be obtained from a lawyer or a notary public. It must be accompanied by a certification from the County Clerk, which in some cases might be the Secretary of State. The affidavit must state that you are visiting Puerto Rico specifically to get married and that you will be returning to your place of residence after the wedding.
The document is simple and should not take more than a 10-15 minute visit. If you bring the exact wording required, it should be quicker. The cost will vary, but it is estimated to be around $50-$60. If you are unable to obtain the affidavit before your visit, you can have a local attorney prepare it when you arrive. You will need to visit a government office and purchase a special stamp for $150, which you will include when submitting your paperwork.
The affidavit must be written by a lawyer, a notary public, or another person authorised to administer paths in the country. It must be accompanied by a medical certificate confirming that you have complied with the lab test requirements. Blood tests are not required for visitors to Puerto Rico, but if you are a resident on the island, you will need to provide blood test results. If you are coming from a state that requires a blood test, you must get a blood test and bring the results with you.
To obtain a marriage license, you must bring the following documents with you to the demographic registry: photo identification (a driver's license or passport works), birth certificates, medical certification, and an Internal Revenue stamp. If either spouse has been previously married, you will need to bring the original copies of the divorce decrees, and if they are a widow, you will need to bring their former spouse's death certificate.
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Frequently asked questions
You must bring photo identification (a driver's license or passport works), birth certificates, medical certification, and an Internal Revenue stamp. If either spouse has been married before, you'll need the original copies of divorce decrees, and if they are a widow, you will need their former spouse's death certificate.
No, you can obtain an affidavit of intention from a lawyer or notary public in your home country, stating that you are travelling to Puerto Rico specifically to get married and that you will be returning to your place of residence after the wedding.
No, but depending on your country's requirements to register a Marriage Certificate from the United States, you may need an Apostille.
The officiant must be an official wedding officiant registered and authorized by the Demographic Registry. You can have a civil ceremony performed by a Puerto Rican judge, lawyer-notary, or minister.
