Reciprocal beneficiary relationships in Hawaii: Difference between revisions
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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 different-sex couples. However, on February 16, 2011, Hawaii |
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 different-sex couples. However, on February 16, 2011, the [[Hawaii Legislature]] passed the civil unions bill that will allow different and [[Same-sex relationship|same-sex couples]] to enter into a [[civil union]]. The bill was sent to the [[Governor of Hawaii|Governor]]'s desk and signed on Feb 23, 2010, civil unions will begin on January 1, 2012.<ref>http://www.msnbc.msn.com/id/41630515/ns/us_news-life/</ref> |
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==Benefits== |
==Benefits== |
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Revision as of 18:11, 4 August 2011
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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 different-sex couples. However, on February 16, 2011, the Hawaii Legislature passed the civil unions bill that will allow different and same-sex couples to enter into a civil union. The bill was sent to the Governor's desk and signed on Feb 23, 2010, civil unions will begin on January 1, 2012.[1]
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 visitation, and healthcare decisionmaking. Hawaii's RBR status also offers partners the option to jointly own property as "Tenants by the Entirety." In July 2010, Young v. Lingle, was filed in Hawaii circuit court, which asks the court to find that the state was required to provide reciprocal beneficiaries with benefits equal to marriage.
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, aunt and nephew, widowed mother and her unmarried son, and two persons of the same sex or gender.
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 American 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
- "About Reciprocal Beneficiary Relationships". Hawaii State Department of Health.
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