Our complete list of the 22 Hawaii Revised Statutes relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Hawaii related to the marriage license, who can officiate weddings, and officiant registration.
The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Hawaii (where applicable).
By whom solemnized :
(a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:
1. 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 that denomination or society;
2. Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society;
3. Any justice or judge or magistrate, active or retired, of a state or federal court in the State;
upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.
(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572‑15 applicable to persons authorized to solemnize marriages.
[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]; Amended Act 211, effective July 6. 2021; Am 2023 Act 206, effective July 1 2023
Below you can read through our curated list of all Hawaii laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
§338-29.5 Late registration of death, fetal death, marriage, and divorce.
(a) When a death, fetal death, marriage, or divorce occurring in this State has not been registered, a certificate may be filed in accordance with rules adopted by the department of health. The certificate shall be registered subject to any evidentiary requirements that the department adopts by rule to substantiate the alleged facts of death, fetal death, marriage, or divorce.
(b) Certificates of death, fetal death, marriage, or divorce registered one year or more after the date of occurrence shall be marked "late" and shall show on the face the date of the late registration.
(c) As used in this section, "late" means one year or more after the date of the death, fetal death, marriage, or divorce.
[L 1972, c 66, pt of §1(3); am L 1997, c 305, §6]
By whom solemnized :
(a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:
1. 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 that denomination or society;
2. Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society;
3. Any justice or judge or magistrate, active or retired, of a state or federal court in the State;
upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.
(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572‑15 applicable to persons authorized to solemnize marriages.
[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]; Amended Act 211, effective July 6. 2021; Am 2023 Act 206, effective July 1 2023
(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.
Upon request, the department of health shall furnish to any applicant additional certified copies of the certificate of marriage or any part thereof.
Except for any certificate of marriage replaced, sealed, and filed pursuant to section 338-11.5, copies of the contents of any certificate on file with, and certified by the department shall be considered the same as the original for all purposes.
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]; HB485, Effective 1/1/2024
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.
[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]
Whenever used in the statutes or other laws of Hawaii, "marriage" means the union licensed under section 572-1.
[L 1994, c 217, §2]
Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State.
[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; am L Sp 2013 2d, c 1, §4]
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.
[L 1931, c 51, §1; RL 1935, §4633; RL 1945, §12354; RL 1955, §323-4; HRS §572-4; am L 1981, c 6, §1]
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.
[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]
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.
[L 1931, c 65, §3; RL 1935, §4638; RL 1945, §12359; RL 1955, §323-10; HRS §572-10; am L 1979, c 105, §56]
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.
[L 1981, c 202, §3]
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.
[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]
The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter.
[L 1969, c 19, §3]
(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]
In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, 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, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union;
(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) Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-1.7;
(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 parties 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 parties to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony.
[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; am L 2012, c 267, §4; am L Sp 2013 2d, c 1, §3]
(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]
(a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage that is in violation of its religious beliefs or faith.
(b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal.
[L Sp 2013 2d, c 1, pt of §2]
[§338-11.5] New certificates of marriage; issuance; gender and sex identifiers.
(a) The department of health shall allow any person who possesses a valid certificate of marriage that has been filed with the department and that includes gender and sex identifiers for the person that differ from the person's changed gender and sex identifiers and, if applicable, changed name, to apply for a new certificate of marriage; provided that the department shall require the applicant to submit the following:
(1) An application for a new certificate of marriage providing the applicant's requested:
(A) Designation as "bride", "groom", "partner", or "spouse"; and
(B) Name, if applicable;
(2) A copy of one of the following documents:
(A) The applicant's new certificate of birth reflecting the applicant's change of gender and sex identifier;
(B) A government-issued identification document reflecting the applicant's change of gender and sex identifier, including any change of gender accomplished by an order of any court of any state or territory of the United States, the District of Columbia, or any foreign court; or
(C) An affidavit attesting, under penalty of perjury, that the request for a change of the designation of the applicant as "bride", "groom", "partner", or "spouse" is to conform to the applicant's gender identity and is not made for any fraudulent purpose;
(3) If the applicant requests that the new certificate of marriage reflect a different name for the applicant than what is provided on the original certificate of marriage, a certified copy of the applicant's change of name order obtained under section 574-5(a)(1) or (5), including a certified English translation, if applicable; and
(4) A notarized letter from the current non-applicant spouse consenting to the changes to be made to the original certificate of marriage; provided further that the notarized letter shall substantially contain the following language:
"I, (non-applicant spouse's full name), stipulate to an issuance of a new certificate of marriage for myself that reflects my spouse's legal gender, sex, and, if applicable, name."
(b) Each new certificate of marriage issued pursuant to this section shall:
(1) Reflect the applicant's changed:
(A) Designation as "bride", "groom", "partner", or "spouse"; and
(B) Name, if applicable; and
(2) Replace the original certificate of marriage.
(c) No new certificate of marriage issued pursuant to this section shall:
(1) Be marked as amended; or
(2) Reveal the language of the original certificate of marriage that was changed.
(d) The department of health shall establish fees pursuant to chapter 91 to be paid for the issuance of a new certificate of marriage pursuant to this section.
(e) Upon receipt of the documents submitted pursuant to subsection (a) and the applicant's payment of the fees established pursuant to subsection (d), the department of health shall:
(1) Issue to the applicant a new certificate of marriage; and
(2) Seal and file any documents evidencing the preparation of the new certificate of marriage, including the original certificate of marriage; provided that these documents shall only be opened pursuant to an order of any court of competent jurisdiction within a state, territory, or possession of the United States, or by request of the marriage registrant.
(f) The department of health shall issue a new certificate of marriage to any applicant who satisfies the requirements of this section regardless of the date of the applicable marriage. [L 2023, c 179, §2]
HB485, Effective 1/1/2024
When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law.
[L Sp 2013 2d, c 1, pt of §2]
Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment.
[L Sp 2013 2d, c 1, pt of §2]
(a) Two individuals who are civil union partners or reciprocal beneficiaries with each other and who seek to marry each other shall be permitted to apply for a marriage license under section 572-6 and to marry each other under this chapter without first terminating their civil union or reciprocal beneficiary relationship; provided that the two individuals are otherwise eligible to marry under this chapter.
(b) The couple's civil union or reciprocal beneficiary relationship shall continue uninterrupted until the solemnization of the marriage consistent with this chapter, and the solemnization of the couple's marriage shall automatically terminate the couple's civil union or reciprocal beneficiary relationship.
(c) The act of seeking a license for or entering into a marriage under this chapter shall not diminish any of the rights, benefits, protections, and responsibilities that existed previously due to the couple's earlier status as civil union partners or reciprocal beneficiaries.
(d) The rights, benefits, protections, and responsibilities created by the civil union or reciprocal beneficiary relationship shall be continuous through the marriage and deemed to have accrued as of the first date these rights existed under the civil union or reciprocal beneficiary relationship; provided that the civil union or reciprocal beneficiary relationship was in effect at the time of the solemnization of the couple's marriage to each other.
(e) Any rights, benefits, protections, and responsibilities created by the solemnization of a marriage that were not included within the reciprocal beneficiary relationship shall be recognized as of the date the marriage was solemnized.
(f) Property held by the couple in tenancy by the entirety shall be subject to section 509-3.
[L Sp 2013 2d, c 1, pt of §2]
(a) Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform solemnizations pursuant to this chapter shall not be required to solemnize any marriage that is in violation of their religious beliefs or faith.
(b) A clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that, pursuant to this section, fails or refuses to perform the solemnization of a marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal.
[L Sp 2013 2d, c 1, pt of §2]
It shall be unlawful for any person to perform a marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. A standard license to solemnize marriages shall be valid for one year from the date of issuance. A short-term license to solemnize marriages shall be valid for sixty days from the date of issuance.
(b) The fee for a standard license to solemnize marriages shall be $100 per year. The fee for a short-term license to solemnize marriages shall be $25 per sixty-day period. All fees received for the issuance of licenses to solemnize marriages shall be remitted to the director of health. Upon receipt of a fee for a license under this section, the director shall deposit:
(1) For standard licenses, $75 to the vital statistics improvement special fund established under section 338-14.6, and $25 to the general fund; and
(2) For short-term licenses, $20 to the vital statistics improvement special fund established under section 338-14.6, and $5 to the general fund.
[CC 1859, §1283; RL 1925, §2949; am L 1929, c 104, §5; RL 1935, §4639; RL 1945, §12360; RL 1955, §323-11; am L Sp 1959 2d, c 1, §19; HRS §572-11; am L 1969, c 19, §1]; amended 2023 Act 206
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