§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]


Case Notes


  Record competent evidence to prove marriage.  10 H. 442 (1896).

  Record as evidence, introduction.  25 H. 392 (1920).