Proxy marriage is legal in five U.S. states — Montana, Colorado, Texas, California, and Kansas — and in a small number of countries, most clearly Brazil, Ghana, and Nigeria. Several other countries, including Germany, won’t perform proxy marriages themselves but will recognize one that was lawfully performed elsewhere. Eligibility rules vary sharply by jurisdiction, and most U.S. states that allow proxy ceremonies limit them to military members or state residents.
What a Proxy Marriage Actually Is
In a proxy marriage, a stand-in takes the place of one or both absent partners during the ceremony. The proxy isn’t marrying anyone; they represent the absent person and consent on that person’s behalf, usually through a written power of attorney. The absent partner is still the one legally getting married.
A single proxy marriage means one partner is physically present and a stand-in represents the other. A double proxy marriage means neither partner attends and two stand-ins handle the ceremony. Double proxy is far rarer and available in only one U.S. state. People generally seek proxy ceremonies because of military deployment, incarceration, serious illness, or travel restrictions.
U.S. States Where Proxy Marriage Is Legal
Proxy marriage is governed at the state level in the U.S., and only five states permit it. The rules differ enough that the state you choose matters as much as the ceremony itself.
Montana
Montana is the only U.S. state that allows double proxy marriage, meaning neither partner has to attend. At least one party must be either an active-duty member of the U.S. armed forces or a Montana resident when the license application is filed.1Montana State Legislature. Montana Code 40-1-301 – Solemnization and Registration Residency in Montana isn’t casual: it requires a physical move combined with the intent to stay, so simply passing through the state won’t qualify.2Montana State Legislature. Montana Code 1-1-215 – Residence – Rules for Determining If the officiant isn’t satisfied that the absent party consented, the couple can petition a district court for an order allowing the ceremony to proceed.
Colorado
Colorado allows single proxy marriage under narrow conditions. One party must be a Colorado resident. The absent party must be either an active-duty military member stationed in another state or country in support of combat or military operations, or a government contractor (or employee of one) working in support of U.S. armed forces abroad.3FindLaw. Colorado Revised Statutes 14-2-109 Both parties must be at least 18. The present party signs the license application in person; the absent party provides a notarized absentee affidavit with identification.
Texas
Texas permits proxy marriage under its Family Code. The absent party must supply a signed, notarized affidavit, and the present party must be physically in Texas to complete the application. Texas proxy marriages have historically been used by military couples, though the statute’s eligibility terms are broader than California’s.
California
California has the narrowest proxy marriage rule of any state that allows the practice. It applies only when one party is an active-duty member of the U.S. Armed Forces deployed overseas in an armed conflict or war. Routine overseas assignments don’t qualify. The present partner completes the ceremony in California while a proxy stands in for the deployed service member.
Kansas
Kansas has no statute expressly authorizing proxy marriage, but a 1980 opinion from the Kansas Attorney General concluded that because no law prohibits it, proxy marriage is legal in the state. The absent party must execute a power of attorney identifying the proxy and granting authority to consent, and all standard marriage license requirements apply.4Kansas Attorney General. Attorney General Opinion No. 80-261 Unlike most states on this list, Kansas doesn’t restrict proxy marriage to military personnel.
Countries That Perform Proxy Marriages
Relatively few countries formally allow proxy marriages, and the legal basis varies.
Brazil
Brazil is one of the clearest examples. Brazilian law permits a partner who cannot attend the ceremony to grant a special power of attorney to a representative. UK immigration tribunals have cited Brazil as a recognized jurisdiction for valid proxy marriages when deciding whether such marriages should be respected abroad.5Tribunals Decisions. HU/12085/2015
Ghana
Ghana recognizes proxy marriages under its customary marriage laws. One partner can be absent from the traditional ceremony while a family member or appointee represents them, and these marriages have been upheld as valid under Ghanaian law in international proceedings.5Tribunals Decisions. HU/12085/2015
Nigeria
Nigeria permits proxy marriages under native customary law. A couple can complete a customary ceremony without both parties present, and courts have recognized these unions when supported by a marriage certificate and affidavits. This applies to customary marriages specifically, not to statutory civil ceremonies.6GOV.UK. Nigeria: Knowledge Base Profile
Countries That Recognize but Don’t Perform Proxy Marriages
Many countries follow a “place of celebration” rule: if the marriage was valid where it happened, they’ll treat it as valid at home, even if their own law wouldn’t have allowed the ceremony. Germany is a well-documented example. In a 2021 ruling, Germany’s Federal Court of Justice confirmed that a proxy marriage performed in Mexico was formally valid because Mexican law permitted it and the outcome didn’t violate German public policy.
The practical effect is that a proxy marriage performed in Brazil, Ghana, Nigeria, or one of the five U.S. states may carry legal weight in countries that would never issue such a license themselves. If you’re planning a proxy marriage with a partner living in a country that doesn’t perform them, check whether that country recognizes foreign proxy marriages before choosing where to hold the ceremony.
Utah Virtual Marriage Is Not a Proxy Marriage
Utah offers something that looks similar but works differently: a fully virtual ceremony where both partners appear live by video. Both people are considered present, just remotely. No stand-in represents either partner. The officiant must be physically in Utah, but the couple can be anywhere in the world, and there’s no residency or citizenship requirement.7Utah Legislature. Utah Code 30-1-7
The distinction matters, especially for immigration. Because both partners participate directly in a Utah virtual wedding, USCIS treats it as a standard marriage where both parties were present, not as a proxy marriage. If your reason for looking at proxy marriage is distance rather than deployment or detention, Utah’s virtual option is often the simpler path.
The Immigration Limit on Proxy Marriages
For most domestic purposes, the United States follows the place-of-celebration rule, so a proxy marriage lawfully conducted in Brazil or Ghana would generally be recognized for things like joint tax filing, inheritance rights, and insurance benefits.8U.S. Citizenship and Immigration Services. USCIS Policy Manual – Marriage and Marital Union for Naturalization
Immigration is the exception. Under the Immigration and Nationality Act’s definition of “spouse,” USCIS will not recognize a proxy marriage for green cards, spousal visas, or other immigration benefits unless the couple has consummated the marriage after the ceremony. The couple has to physically be together at some point after the proxy wedding for the marriage to count for immigration.9U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part B Chapter 6 Evidence USCIS accepts includes a birth certificate of a child born to the couple after the ceremony, travel records showing both partners in the same place at the same time, and proof of shared residence such as a joint lease or witness affidavits. Without that documentation, the petition will be denied even if the marriage is perfectly valid where it was performed. Couples planning a proxy marriage with future immigration goals should meet in person as soon as possible after the ceremony and keep records of the reunion.