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Updated Jul 15, 2021

In This Section
This section contains the topic “Tribal and Proxy Marriages.”

1.  Tribal and Proxy Marriages

Introduction
This topic contains information on tribal and proxy marriages, including

Change Date
June 16, 2021

VII.i.2.C.1.a.  Establishing the Validity of a Tribal Marriage
If the validity of a marriage that was allegedly celebrated in accordance with tribal custom is at issue, follow the steps in the table below to obtain facts and circumstances surrounding the marriage.
Step
Action
1
Request affidavits from the parties to the purported marriage that provide the
  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
2
Request affidavits from at least two persons who were present at the ceremony that provide the
  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
3
Request an affidavit from the person who performed the ceremony that provides
  • the date and place of the ceremony, and
  • that person’s authority for conducting the ceremony.
4
Obtain copies of any available written materials explaining the nature of the tribal marriage ceremony, such as that obtainable from textbooks or reliable Internet sites.
5
Request a District Counsel opinion regarding the validity of the marriage.
Note:  No administrative decision is required.
Reference:  For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.

VII.i.2.C.1.b.  Definition:  Proxy Marriage
A proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage.

VII.i.2.C.1.c.  Establishing the Validity of a Proxy Marriage
The validity of a proxy marriage depends on the law of the particular jurisdiction.  If at issue, request copies of any documents or certificates issued in connection with the marriage.
After development is complete, request a District Counsel opinion regarding the validity of the marriage under State law.
Note:  No administrative decision is required.
Reference:  For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.