Hawaii Marriage Laws

§572-6 Application; license; limitations. (a) 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 or civil unions, if any, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution. If all prior marriages or civil unions, other than an existing civil union between the persons applying for the marriage license, 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 endorse 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.

(b) 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. [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; am L Sp 2013 2d, c 1, §5]

§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 fund 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 fund 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. [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; am L 2019, c 84, §5]

§572-6 Application; license; limitations. (a) 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 or civil unions, if any, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution. If all prior marriages or civil unions, other than an existing civil union between the persons applying for the marriage license, 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 endorse 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.

(b) 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. [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; am L Sp 2013 2d, c 1, §5]

§572-12 By whom solemnized. A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, or any justice or judge or magistrate, active or retired, of a state or federal court in the State, upon presentation to such person or society of a license to marry, as prescribed by this chapter. Such person or society may receive the price stipulated by the parties or the gratification tendered. [CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1]

§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. [L 1994, c 217, §2]

§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 parties 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; provided that if any person who has solemnized a marriage fails to report it to the agent of the department of health, the parties married may provide the department of health with a notarized affidavit attesting to the fact that they were married and stating the date and place of the solemnization of the marriage. Upon the receipt of that affidavit by the department of health, the marriage shall be deemed to be valid as of the date of the solemnization of the marriage stated in the affidavit; provided that the requirements of section 572-1 are met.

(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.

The department may prescribe reasonable fees, if any, to be paid for certified copies of certificates. [L 1864, p 21; am L 1903, c 8, §2; am L 1911, c 23, §1; RL 1925, §2951; RL 1935, §4641; RL 1945, §12362; RL 1955, §323-13; HRS §572-13; am L 1974, c 31, §2; am L 1978, c 49, §2; am L 1981, c 202, §2; gen ch 1985; am L Sp 2013 2d, c 1, §6]