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Reciprocal beneficiary relationships in Hawaii

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See also: Same-sex marriage in Hawaii
Part of the LGBTQ rights series
Legal status of
same-sex unions
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. ^ Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. Romania provides hospital visitation rights through a "legal representative" status.
  1. Not yet in effect.
LGBTQ portal
Lesbian, gay, bisexual, and
transgender rights in Hawaii

Baehr v. Lewin (1993)
Baehr v. Miike (1996, 1999)
Constitutional Amendment 2 (1998)
House Bill 444 (2009)
Senate Bill 232 (2011)
Hawaii Marriage Equality Act (2013)

Equality Hawaii

LGBT rights in the United States
Same-sex marriage in Hawaii
Reciprocal beneficiary relationships in Hawaii
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Since 1997, the U.S. state of Hawaii has offered reciprocal beneficiary registration for any adults who are prohibited by state law from marrying, including both same-sex and opposite-sex couples.

Benefits

Reciprocal beneficiaries have access to a limited number of rights and benefits on the state level, including inheritance rights, workers compensation, the right to sue for wrongful death, health insurance and pension benefits for state employees, hospital and jail visitation rights, and healthcare decisionmaking. Hawaii's RBR status also offers partners the option to jointly own property as "Tenants by the Entirety."

Requirements

There are no state residency or U.S. citizenship requirements. The two individuals entering into a reciprocal beneficiary relationship must both be at least 18 years of age, and cannot be married or in another reciprocal beneficiary relationship.

Individuals prohibited by state law from marrying one another include, but are not limited to, relationships such as brother and sister of the half as well as to the whole blood, uncle and niece, and aunt and nephew.

On January 1, 2012, civil unions conveying all marital rights to same-sex and opposite-sex couples became available in Hawaii. The civil union law did not affect the reciprocal beneficiary relationship eligibility requirements.

Registration

Registration may be done only by mailing a notarized form to the state Department of Health in Honolulu, along with a fee (as of December 2006) of US$8.00. Termination of a reciprocal beneficiary relationship (which may be done by either party acting alone) is handled in the same way. The Department of Health, in turn, mails certificates of registration or termination to the two parties involved.

Recognition

Hawaii's reciprocal beneficiary status is recognized by other jurisdictions as being notably weaker than other same-sex union laws. The state of New Jersey, for example, recognizes reciprocal beneficiary status as equivalent only to domestic partnerships, not civil unions in New Jersey.

References

External links

Same-sex unions in the United States
General unions
By state
Marriage
By territory
(laws)
State
(laws)
Tribal nations
Circuit Courts
Other regions
Civil unions and
domestic partnerships
By state
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