21st centry union issue

[piron]

What is the name of your state? Hawaii
My parents adopted my girlfriend when we were 16, and now we want to get married. Is that even legal? help!

[LdiJ]

Originally Posted by piron

What is the name of your state? Hawaii
My parents adopted my girlfriend when we were 16, and now we want to get married. Is that even legal? help!

PART I. REQUISITES, PROCEDURES



Note



Part heading added by L 1984, c 79, §1.



§572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be only between a man and a woman, 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, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;
(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) The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living;

(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 man and woman 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 man and the woman 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]



Attorney General Opinions



Effect of adoption. Parties who by adoption become uncle and niece not disqualified to intermarry. Att. Gen. Op. 62-49.
Common-law marriages invalid. Att. Gen. Op. 73-5.

If requirements of valid marriage met, validity not affected by absence of filed marriage certificate. Att. Gen. Op. 84-10.

The first bolded part would almost seem to indicate that you would not be banned from doing so, however the second bolded part would seem to indicate that you would.

[justalayman]

I don't see where the second bold would prevent marriage. It states that uncle/niece by adoption can marry.

That is an AG opinion. The part that is still not clarified is that at one point an uncle and a neice by adoption wanted to marry and the AG said it is OK. The situation here obviously places the 2 people in a much closer legal reltionship although no closer genetically.


Unless there is more proof floating around to disqualify the marriage, I believe, based upon LdiJ's post (and only that info) you're god to go.

It would save having to change her name on all the stuff like licenses and SS.

[LdiJ]

Originally Posted by justalayman

I don't see where the second bold would prevent marriage. It states that uncle/niece by adoption can marry.

That is an AG opinion. The part that is still not clarified is that at one point an uncle and a neice by adoption wanted to marry and the AG said it is OK. The situation here obviously places the 2 people in a much closer legal reltionship although no closer genetically.


Unless there is more proof floating around to disqualify the marriage, I believe, based upon LdiJ's post (and only that info) you're god to go.

It would save having to change her name on all the stuff like licenses and SS.

A legal brother/sister relationship is closer than that of a legal uncle/niece...hence my comment. I actually tried to find some case law on the subject for HI, but didn't find any.

This is probably something that requires a consult with a local attorney. Legally they are brother and sister so its not a simple situation.

[piron]

So we are possibly not legaly prevented from marrige but it would be best to contact a local attorney. Great,at least that gives me hope. Thank you and thanks for the quoted law.
Oh, and we did think that it was funny that we would not have to change the SS or other such documentation, I am glad some one else saw the humorin it.