Transsexuals, individuals who have undergone surgery to change their gender, have usually been regarded to be of their postoperative gender, rather than their gender of birth. In other words, a male who undergoes sex change surgery will be regarded as a female under the marriage laws. Most states require that a couple to be married obtain a marriage license. Often, the license must be obtained a certain number of days prior to the marriage ceremony. States also insist on various medical tests being performed on the couple before the license is issued.
Most states require that parties be married by an authorized individual.
The individuals who are authorized vary from state to state, but the list of officials usually includes judges, ministers, priests, or other religious representatives. Despite popular opinion to the contrary, captains of ships are not authorized to perform marriage ceremonies. No particular ceremony is required for a marriage to be effective. A common law marriage takes place by the exchange of promises to marry between two persons who are eligible to marry. The promises must be intended to create, or possibly recognize, the existence of a marriage at the time they are exchanged.