As an exception to articles 74 and 165, where the future spouses of the same sex, at least one of whom has French nationality, have their domicile or residence in a country that does not authorise marriage between two persons of the same sex and in which the French diplomatic and consular authorities cannot proceed with its celebration, the marriage is celebrated publicly by the civil registrar of the municipality of birth or last residence of one of the spouses or of the municipality in which one of their parents has his or her domicile or residence established under the conditions set out in article 74. Failing this, the marriage is celebrated by the civil registrar of the commune of their choice.
The territorial jurisdiction of the civil registrar of the commune chosen by the future spouses results from the filing by them of a file compiled for this purpose at least one month before the publication provided for in article 63. The civil registrar may ask the territorially competent diplomatic or consular authority to conduct the joint hearing and individual interviews mentioned in the same article 63.