2009 Hawaii Code
Volume 12
TITLE 31 - FAMILY
CHAPTER 572 - MARRIAGE
§572-12 - By whom solemnized.

     §572-13  Record of solemnization; marriages, reported by whom; certified copies.  (a)  Recordkeeping.  Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the man and woman married, their place of residence, and the date of their marriage.

     Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.

     (b)  Marriages, reported by whom.  It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, performed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health.

     (c)  Certified copies of certificate of marriage.  The department of health shall deliver one certified copy of the certificate of marriage or the contents or any part thereof as provided in section 338-13 to the persons married.  The certificate shall be prima facie evidence of the fact of marriage in any proceeding in any court.

     The department of health shall upon request, furnish to any applicant additional certified copies of the certificate of marriage or any part thereof.

     Copies of the contents of any certificate on file in the department, certified by the department shall be considered for all purposes the same as the original.

• 572-13.5 Revocation or suspension of licenses to solemnize
  

  Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this chapter or of the rules of the department of health.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1981, c 202, §3]

• 572-1 Requisites of valid marriage contract
  

  In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that:
  (1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;
  
  (2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;
  
  (3) The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living;
  
  (4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;
  
  (5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;
  
  (6) The man and woman to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and
  
  (7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1872, c 23, §1; am L 1903, c 28, §1; am L 1907, c 42, §1; am L 1913, c 8, §1; RL 1925, §2943; RL 1935, §4630; am L 1935, c 185, §1; am L 1937, c 59, §1; am L 1939, c 122, §1; RL 1945, §12351; am L 1949, c 53, §29; am L 1953, c 79, §1; RL 1955, §323-1; am L 1965, c 232, §1; HRS §572-1; am L 1969, c 152, §1; am L 1970, c 9, §1; am L 1972, c 182, §1 and c 192, pt of §1; am L 1978, c 74, §1; am L 1981, c 202, §1; am L 1984, c 119, §1; am L 1994, c 217, §3; am L 1997, c 52, §5]

• 572-1.5 Definition of marriage
  

  Whenever used in the statutes or other laws of Hawaii, "marriage" means the union licensed under section 572-1.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1994, c 217, §2]

• 572-1.6 Private solemnization not unlawful
  

  Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1994, c 217, §5]

• 572-2 Consent of parent or guardian
  

  Whenever any person who is under the age of eighteen is to be married, the written consent of his or her parents, or guardian or other person in whose care and custody he or she may be, shall accompany the application for a license to marry. No license shall be issued to any minor who is under the jurisdiction of the family court without the written consent of a judge of such court.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [CC 1859, §1291; RL 1925, §2944; am L 1929, c 104, §1; RL 1935, §4631; RL 1945, §12352; am L 1947, c 43, §1; RL 1955, §323-2; am L 1965, c 232, §1; HRS §572-2; am L 1969, c 45, §1; am L 1972, c 2, pt of §34 and c 192, pt of §1]

• 572-3 Contracted without the State
  

  Marriages between a man and a woman legal in the country where contracted shall be held legal in the courts of this State.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [CC 1859, §1290; RL 1925, §2945; RL 1935, §4632; RL 1945, §12353; RL 1955, §323-3; HRS §572-3; am L 1994, c 217, §4]

• 572-4 Right of domicile, sex or marital status
  

  The right of an individual to be or to become a resident domiciled in this State shall not be denied or abridged because of the sex or marital status of the individual. The residence of one spouse does not establish the residence of the other spouse, which shall be determined by the same factors that apply in determining the residence of any other individual capable of having an independent residence.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1931, c 51, §1; RL 1935, §4633; RL 1945, §12354; RL 1955, §323-4; HRS §572-4; am L 1981, c 6, §1]

• 572-5 Marriage license; agent to grant; fee
  

  (a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license $60, of which the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit $51 to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:
  (1) $32 for each license issued to the credit of the general fund of the State;
  
  (2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;
  
  (3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and
  
  (4) $10 for each license issued to the credit of the birth defects special fund established under section 321-426.
  
  (b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:
  (1) $41 for each license issued to the credit of the general fund of the State;
  
  (2) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 346-7.5;
  
  (3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and
  
  (4) $10 for each license issued to the credit of the birth defects special fund established under section 321-426.
  
  (c) Every agent appointed under this section may administer the oaths required by this chapter to be taken.
  (d) The department or its authorized agents shall furnish to each applicant for a marriage license a brochure explaining rubella, the risks of infection with rubella during pregnancy, and how to seek testing and immunization. The department or its authorized agents shall also furnish to each applicant for a marriage license information, to be provided by the department, relating to population stabilization, family planning, birth control, fetal alcohol and drug syndromes, and acquired immune deficiency syndrome (AIDS), including the availability of anonymous testing for human immunodeficiency virus (HIV) infection at alternate test sites; provided that such information is available.
  (e) In addition to the fee prescribed under subsection (a), the agent, except those provided for in subsection (b), shall collect from the applicant for the license a surcharge of $5, of which the agent shall retain the full amount for the agent's additional benefit and compensation.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [PC 1869, c 55, §14; am L 1905, c 11, §1; am L 1917, c 189, §1; am L 1921, c 121, §1; RL 1925, §2946; am L 1929, c 104, §2; am L 1932 2d, c 34, §1; RL 1935, §4634; am L 1937, c 122, §7; RL 1945, §12355; am L 1947, c 21, §1; am L 1953, c 87, §1; am L 1955, c 149, §1; RL 1955, §323-5; am L Sp 1959 2d, c 1, §§14, 19; am L 1963, c 114, §1; HRS §572-5; am L 1969, c 33, §1; am L 1971, c 89, §1; am L 1976, c 138, §1; am L 1977, c 24, §1; gen ch 1985; am L 1987, c 98, §1; am L 1989, c 364, §1; am L 1994, c 232, §6; am L 1995, c 153, §2; am L 1998, c 311, §8; am L 2002, c 252, §3; am L 2005, c 223, §4]

• 572-6 Application; license; limitations
  

  To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: the person's full name, date of birth, social security number, residence; their relationship, if any; the full names of parents; and that all prior marriages, if any, have been dissolved by death or dissolution. If all prior marriages have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall indorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license which shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.
  It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in such manner and on such form as the department may prescribe.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1929, c 104, §3; RL 1935, §4635; RL 1945, §12356; RL 1955, §323-6; am L Sp 1959 2d, c 1, §19; HRS §572-6; am L 1969, c 191, §1; am L 1974, c 31, §1; gen ch 1985; am L 1989, c 35, §1; am L 1997, c 293, §25]

• 572-9 Persons under age
  

  Whenever any person who is under the age of eighteen, whose parents are dead, or who is a ward of a family court, applies for a license to marry, he or she shall set forth in the statement accompanying the application, the name of his or her guardian or of any other person in whose care and custody he or she may be.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1917, c 189, §2; RL 1925, §2948; am L 1929, c 104, §4; RL 1935, §4637; RL 1945, §12358; am L 1947, c 43, §2; RL 1955, §323-9; am L 1965, c 232, §1; HRS §572-9; am L 1972, c 2, pt of §34]

• 572-10 Applicant apparently under age
  

  If any applicant for a license to marry appears to any agent to be under the age of eighteen years, the agent shall, before granting a license to marry, require the production of a certificate of birth or other satisfactory proof showing the age of the applicant.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1931, c 65, §3; RL 1935, §4638; RL 1945, §12359; RL 1955, §323-10; HRS §572-10; am L 1979, c 105, §56]

• 572-15 Delivery of records to department of health; penalty
  

  Whenever any agent authorized to grant marriage licenses ceases to be an agent, or is directed to do so by the department of health, or leaves the State, the agent shall deliver to the department all the agent's records of marriage licenses. Upon the death of any such agent such records shall be delivered to the department by the agent's personal representative or other legal representative.
  Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person's records of marriages, or upon the death of any such person such records shall be delivered to the department by the person's personal representative, or other legal representative.
  Any person violating this section shall be fined not more than $500.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1864, p 22; am L 1903, c 8, §2; RL 1925, §2953; am L 1929, c 104, §7; am L 1931, c 65, §2; RL 1935, §4643; RL 1945, §12364; RL 1955, §323-15; am L Sp 1959 2d, c 1, §19; HRS §572-15; am L 1976, c 200, pt of §1; gen ch 1985]

• 572-16 Rules and regulations
  

  The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter.
  
  Hawaii Revised Statutes - Division 1: Government - Title 31: Family - Chapter 572: Marriage - Part 1: Requisites, Procedures [L 1969, c 19, §3]
  
  
  
  © World Christianship Ministries LLC