§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. [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]
Case Notes
Marriage by female over fifteen but under eighteen years of
age without consent of parent voidable; the words, "having the care and
government of such party" modify the words "other person". 26
H. 89 (1921).
Consent of parties, necessity of. 28 H. 581 (1925).
Notes of Decisions
Cited in
6
cases, 1970–2019 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§§ 19-3-2 , 19-3-37 (Lexis 2004) (those under 18 must obtain parental consent unless female applicant is pregnant or both applicants are parents of a living child, in which case minimum age to marry without consent is 16) Hawaii 18 Haw. Rev. Stat. § 572-2 (1993) Idaho 18 Idaho…”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Haw. Rev. Stat. § 572-2 (1985) Idaho Idaho Code § 32-202 (1983) Ill.”
Winters v. Silver Fox Bar, 797 P.2d 51 (Haw. 1990).
· cites it 2× “II, § 1 [eighteen year olds have the right to vote]; HRS § 286-112 (1985) [eighteen year olds may obtain driver’s license without parental consent]; HRS § 572-2 (1985) [eighteen year olds may marry without parental consent]; 10 U.”
Baehr v. Lewin, 852 P.2d 44 (Haw. 1993).
“is legitimate or illegitimate; (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 court within which *537 the minor resides, it shall be lawful for a person…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.