Hawaii Marriage Laws § §338-11.5 New certificates of marriage; issuance; gender and sex identifiers.

[§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

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