RELATING TO MARRIAGE OF MINORS.

HB729

HOUSE OF REPRESENTATIVES

H.B. NO.

729

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO MARRIAGE OF MINORS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that nationally and
internationally there is growing recognition that child marriage is a human
rights violation and a severe impediment to social and economic development,
resulting in states and countries considering legislation to end the practice
of allowing children to marry.
�
The United
Nations Children's Fund describes child marriage as any formal marriage or
informal union between a child under the age of eighteen and an adult or
another child.
�
United Nations
Sustainable Development Goal 5, relating to gender equality, sets the year 2030
as the target for ending child marriage.
�

The Sustainable Development goals were unanimously adopted in 2015 by
all one hundred ninety-three United Nations member states including the United
States.

����
The concerns about allowing children
to marry is that they have not reached the threshold of adulthood that grants
certain rights and responsibilities and that a child entering into marriage may
have been pressured or coerced into marrying, especially if the child is
pregnant, or the marriage may be the result of sex trafficking.
�
According to an analysis conducted by the
Public Broadcasting Service's Frontline program, between 2000 and 2015 more
than two hundred seven thousand individuals under the age of eighteen married
in the United States.
�
While most
children were sixteen or seventeen years of age at the time of marriage, some
were as young as twelve years old.
�
Girls
are disproportionately affected by the practice of child marriage, and the vast
majority of these marriages were between a minor female and an adult male.

����
Hawaii's laws regularly define
"children" as persons who are less than eighteen years of age; they
are often also termed "minors".
�

Nonetheless, the law allows children as young as sixteen years of age to
marry.
�
State law further authorizes the
family court to approve a marriage of a child who is fifteen years of age.
�
Comparatively, sexual assault laws
criminalize sexual conduct with a fifteen-year-old, though an exception is made
if the fifteen-year-old is legally married to the sexual partner or the sexual
partner is not more than five years older than the minor victim.
�
Based on department of health data, at least
eight hundred children were married in Hawaii since 2000, with eighty per cent
of these marriages being girls marrying adult men.

����
The legislature further finds that
in 2018, Delaware and New Jersey became the first and second states,
respectively, to require that both parties to the marriage be at least eighteen
years of age at time of marriage.
�
Since
then, Pennsylvania, Minnesota, Rhode Island, New York, Massachusetts, Vermont,
Connecticut, Michigan, Washington, Virginia, and New Hampshire, along with
American Samoa and the United States Virgin Islands, have joined them to end
child marriage in their jurisdictions.
�

Similar legislation has been introduced in several other states as well
as Congress.

����
The purpose of this Act is to end
child marriage in Hawaii.

����
SECTION
2
.
�
Section 571-2,
Hawaii Revised Statutes, is amended as follows:

����
1.
�

By amending the definition of "guardianship of a minor" to
read:

����
""Guardianship of a
minor" means the duty and authority to make important decisions in matters
having a permanent effect on the life and development of the minor and to be
concerned about the minor's general welfare.
�

[
It
]
"Guardianship of a minor"
includes[
,
]
but shall not [
necessarily
] be limited[
, in either number or kind
]
to:

����
(1)
�
The authority to
consent [
to marriage,
] to enlistment in the armed forces of the United
States[
,
] or to major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions;
or
to make other decisions
concerning the minor of substantial legal significance;

����
(2)
�
The authority and
duty of reasonable visitation, except to the extent that the right of
visitation has been limited by court order;

����
(3)
�
The rights and
responsibilities of legal custody when guardianship is exercised by the natural
or adoptive parent, except where legal custody has been vested in another
individual, agency, or institution; and

����
(4)
�
The authority to
consent to the adoption of the minor and to make any other decision concerning
the minor that the minor's parents could make, when the rights of the minor's
parents, or only living parent, have been judicially terminated as provided for
in the statutes governing termination of parental rights to facilitate legal
adoption, or when both of the minor's legal parents are deceased."

����
2.
�

By amending the definition of "residual parental rights and
responsibilities" to read:

����
""Residual parental rights
and responsibilities" means those rights and responsibilities remaining
with the parent after the transfer of legal custody or guardianship of the
person, including[
,
] but not [
necessarily
] limited to[
,
]
the right to reasonable visitation, consent to adoption [
or marriage
],
and the responsibility for support."

����
SECTION
3
.
�
Section 571-11,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�571-11
�
Jurisdiction; children.
�
Except as otherwise provided in this chapter,

the court shall have exclusive original jurisdiction in
proceedings
:

����
(1)
�
Concerning any
person who is alleged to have committed an act before achieving eighteen years
of age that would constitute a violation or attempted violation of any federal,
state, or local law or county ordinance.
�

Regardless of where the violation occurred, jurisdiction may be taken by
the court of the circuit where the person resides, is living, or is found, or
in which the offense is alleged to have occurred;

����
(2)
�
Concerning any
child living or found within the circuit who is:

���������
(A)
�
Neglected as to or
deprived of educational services because of the failure of any person or agency
to exercise that degree of care for which it is legally responsible;

���������
(B)
�
Beyond the control
of the child's parent or other custodian or whose behavior is injurious to the
child's own or others' welfare;

���������
(C)
�
Neither attending
school nor receiving educational services required by law whether through the
child's own misbehavior or nonattendance or otherwise; or

���������
(D)
�
In violation of
curfew;

����
(3)
�
To determine the
custody of any child or appoint a guardian of any child;

����
(4)
�
For the adoption
of a person under chapter 578;

����
(5)
�
For the
termination of parental rights under sections 571-61 through 571-63;

����
(6)
�
For judicial
consent to the [
marriage,
] employment[
,
] or enlistment of a child[
,
]
when consent is required by law;

����
(7)
�
For the treatment
or commitment of a mentally defective or mentally ill child, or a child with an
intellectual disability;

����
(8)
�
Under the
Interstate Compact on Juveniles under chapter 582 or the Interstate Compact for
Juveniles under chapter 582D;

����
(9)
�
For the protection
of any child under chapter 587A;

���
(10)
�
For a change of
name as provided in section 574-5(a)(2)(C);

���
(11)
�
Concerning custody or guardianship of an immigrant child
pursuant to a motion for special immigrant juvenile factual findings requesting
a determination that the child was abused, neglected, or abandoned before the
age of eighteen years for purposes of section 101(a)(27)(J) of the federal
Immigration and Nationality Act.
�
For
the purposes of this paragraph, "child" means an unmarried individual
under the age of twenty-one years; and

���
(12)
�
Concerning
emancipation of a minor pursuant to section 577-25."

����
SECTION
4
.
�
Section 572-1,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�572-1
�
Requisites of valid
marriage contract.
�
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,
]
or a
person and the sibling of the person's parent,
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
]
eighteen

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,
]
spouse
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.
"

����
SECTION
5
.
�
Section 572-10,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�572-10
�
[
Applicant apparently
under age.
�
If
]
Age
of the applicant.
�
For
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."

����
SECTION
6
.
�
Section 577-25,
Hawaii Revised Statutes, is amended as follows:

����
1.
�

By amending subsection (a) to read:

����
"
(a)
�
Any law to the contrary
notwithstanding, a minor shall be deemed to be emancipated if the minor has[
:

����
(1)
�
Entered into a
valid marriage pursuant to chapter 572; or

����
(2)
�
Received
]
received

a declaration of emancipation issued by the family court pursuant to this
section."

����
2.
�

By amending subsection (c) to read:

����
"(c)
�

A minor shall be considered emancipated for the purposes of, but
not limited to the right to:

����
(1)
�
Enter into
enforceable contracts, including apartment leases;

����
(2)
�
Sue or be sued in
the minor's own name;

����
(3)
�
Retain the minor's
personal earnings;

����
(4)
�
Establish a
separate domicile;

����
(5)
�
Act autonomously,
and with the rights and responsibilities of an adult, in all business
relationships, including property transactions and obtaining accounts for
utilities, except for estate or property matters that a court determines may
require a conservator or guardian ad litem;

����
(6)
�
Earn a living,
subject only to the health and safety regulations designed to protect
individuals under the age of majority regardless of their legal status;

����
(7)
�
File the minor's
own tax returns and pay taxes pursuant to applicable personal income tax laws;

����
(8)
�
Authorize the
minor's own preventive health care, medical care, dental care, mental health
care, and substance abuse treatment without knowledge or liability of the
minor's parents or guardian;

����
(9)
�
Apply for a
driver's license or other state licenses for which the minor may be eligible;

���
(10)
�
Register for
school;

��
[
(11)
�
Marry;
]

��
[
(12)
]

(11)
�
Apply to medical and other public
assistance programs administered by the State or its political subdivisions;

��
[
(13)
]

(12)
�
I
f the minor is a parent, make
decisions and give authority in caring for the minor's child; and

��
[
(14)
]

(13)
�
Execute a will and other estate
planning documents, including trust documents, durable power of attorney, and
an advance health care directive.
"

����
SECTION
7
.
�
Section 580-22,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�580-22
�
Nonage.
�
An action to annul a marriage on the ground
that one of the parties was under legal age[
,
] may be brought by the
parent or guardian entitled to the custody of the minor, or by any person
admitted by the court to prosecute as the friend of the minor.
�
In no case shall the marriage be annulled on
the application of a party who was of legal age at the time it was contracted[
;
nor when it appears that the parties, after they attained the legal age, had
for any time freely cohabited as a married couple
]."

����
SECTION
8
.
�
Section
587A-15, Hawaii Revised Statutes, is amended by amending subsections (c) and
(d) to read as follows:

����
"
(c)
�
Unless
otherwise provided in this section or as otherwise ordered by the court, a
child's family shall retain the following rights and responsibilities after a
transfer of temporary foster custody or foster custody, to the extent that the
family possessed the rights and responsibilities [
prior to
]
before

the transfer of temporary foster custody or foster custody:

����
(1)
�
The right of
reasonable supervised or unsupervised visitation at the discretion of the
authorized agency or the court;

����
(2)
�
The right to
consent to adoption[
, to marriage,
] or to major medical or psychological
care or treatment; and

����
(3)
�
The continuing
responsibility to support the child, including repayment for the cost of any
care, treatment, or other service provided by the authorized agency or the
court for the child's benefit.

����
(d)
�

If an authorized agency has permanent custody, it has the following
duties and rights:

����
(1)
�
Assuming the
parental and custodial duties and rights of a legal custodian and family
member;

����
(2)
�
Determining where
and with whom the child shall live; provided that the child shall not be placed
outside the State without prior order of the court;

����
(3)
�
E
nsuring that the
child is provided with adequate food, clothing, shelter, psychological care,
physical care, medical care, supervision, and other necessities in a timely
manner;

����
(4)
�
Monitoring whether
the child is being provided with an appropriate education;

����
(5)
�
P
roviding all required
consents for the child's physical or psychological health or welfare, including
medical, dental, psychiatric, psychological, educational, employment,
recreational, and social needs;

����
(6)
�
Providing consent
for the child's application for a driver's instructional permit, provisional
driver's license, or driver's license;

����
(7)
�
P
roviding consent
to adoption[
,
]
and
change of name[
, and marriage
]; and

����
(8)
�
S
ubmitting a
written report to the court if the child leaves the home of the permanent
custodian for a period of seven consecutive days or more.
�
The report shall state the child's current
situation and shall be submitted on or before the tenth day, excluding
Saturdays, Sundays, and holidays, after the child leaves the home."

����
SECTION
9
.
�
Section 572-2,
Hawaii Revised Statutes, is repealed.

����
["
�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.
"]

����
SECTION
10
.
�
Section 572-9,
Hawaii Revised Statutes, is repealed.

����
["
�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.
"]

����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 12.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Marriage;
Legal Age

Description:

Raises
the minimum age to enter into marriage from sixteen to eighteen years of
age.
�
Repeals the authority of parents
and the family court to consent to a minor's marriage.
�
Repeals spousal cohabitation after the
parties attain legal age as an exception for an annulment based on nonage.
�
Makes conforming amendments.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.