By Katalina Siasau

The Legislative Assembly of Tonga passed a Government Bill that raises the legal marriage age to 18 years. It also includes amended clauses that explicitly prohibit same-sex marriage. Meanwhile, a major tourism incentive was introduced, which will now allow foreigners to marry in Tonga without requiring links to the country.

The House voted 17 - 0 and passed the Bill with amendment, on 6 August, 2025.

The Civil Registration and Digital Identification Bill 2025 was tabled by the Minister for Justice and Tourism, Hon. Mo’ale Finau on 28 July, 2025.

The government stated that this Bill aims to establish a Digital Identification Database to modernize and streamline the recording of vital events like births, deaths, marriages, and adoptions.

One of the key amendments in the Bill includes the increase of the eligible marriage age from 15 years to 18 years.

Same-sex marriage

During debate in the Committee of the Whole House on 5 August, People’s Representative for Vava’u 15 Hon. Samiu Vaipulu, expressed concern that the clauses outlining prohibited degrees of consanguinity did not explicitly forbid same-sex marriage.

Clause 19 Prohibited degrees of consanguinity for a man

It shall not be lawful for a man to marry-

(a) his grandmother;
(b) his father's sister;
(c) his mother's sister;
(d) his father's sister's daughter;
(e) his father's brother's daughter;
(f) his mother's sister's daughter;
(g) his mother;
(h) his stepmother;
(i) his wife's mother;
(i) his sister;
(k) his daughter;
(1) his son's wife;
(m) his brother's daughter;
(n) his sister's daughter; or
(0) his granddaughter.

20 Prohibited degrees of consanguinity for a woman

It shall not be lawful for a woman to marry-

(a) her grandfather;
(b) her father's brother;
(c) her mother's brother;
(d) her father's brother's son;
(e) her mother's brother's son;
(1) her mother's sister's son;
(g) her father;
(h) her stepfather;
her husband's father;
her brother;
(k) her son;
(1) her daughter's husband;
(m) her brother's son;
(n) her sister's son; or
(0) her grandson.

He directly asked Minister Mo’ale Finau if this implied same-sex marriage would be permitted.

The Minister responded that Tonga’s natural and cultural laws would never allow same-sex marriage.

The Acting Chair of the Whole House Committee Hon. Tevita Puloka also asked if the absence of the prohibition in the Bill would allow it.

“Only what is shown in the law is lawful,” the Minister noted.

The Minister for Revenue & Customs, Hon. Mateni Tapueluelu, noted that the clause only referenced prohibitions for related marriages (kainga).

Vaipulu noted that the Bill did not explicitly state that a man is prohibited from marrying another man, or a woman from marrying another woman, regardless of their family relationship.

Meanwhile, People's Representative for Ha'apai no. 13 Hon. Veivosa Taka raised concerns about same-sex marriage being a “global issue.”

The Minister for Health Hon. Dr ‘Ana ‘Akau’ola agreed, noting that while it wasn't an issue in the past, it is now. She proposed adding a separate clause to explicitly outlaw same-sex marriage, regardless of relationship.

People's Representative for Tongatapu no. 3 Hon. Siaosi Sovaleni agreed.

Minister Tapueluelu then mentioned that the Criminal Offences Act 136 already states sodomy is a crime.

However, the Ha’apai Noble’s Representative No. 2 Lord Fakafanua affirmed that while the Criminal Offences Act prohibits sodomy and thereby same-sex marriage, there isn't a clause directly addressing same-sex marriage.

Vaipulu suggested amendment to clause 18 of the Bill which reads, “No person who is insane or who is under the age of 18 years shall be granted a marriage license” to add wordings that no man shall marry another man and that no woman shall marry another woman.

The Committee of the Whole House voted and passed the addition of explicit wording to prohibit a man from marrying another man and a woman from marrying another woman.

Marriage license for foreigners

The debate continued on when Lord Fakafanua noted clause 21(1) of the Bill, which states for foreign couples to marry in Tonga, one party must have resided in Tonga for at least three months prior to applying for a marriage license.

Clause 21 Application for a marriage licence

(1) Parties to an intended marriage shall apply, in the form prescribed, to the Registrar General or sub-registrar of the district in which one of the parties has resided for at least 3 months prior to the date of the application for the issue to them of a licence to marry.
(2) An application for a marriage licence under subsection (1) shall include an affidavit in the form prescribed that there is no legal impediment to the proposed marriage.
(3) Upon application under subsection (1), the application shall be recorded in the Civil Register.
(4) Notwithstanding the residence requirements provided under subsection (1) of this section, the Registrar General may grant a special licence to marry where at least one of the parties has an established link with Tonga.

He expressed concern that this would hinder tourists wishing to marry in Tonga.

Hon. Veivosa Taka agreed, questioning the Minister's plan to make the Bill tourist-friendly for marriages.

Tourism Minister Hon. Mo’ale Finau noted sub-Clause 4, which would allow the Registrar General to grant a special marriage licence.

However, Lord Fakafanua pointed out that this still requires one party to have a link with Tonga.

The Tourism Minister stated the Registrar General would make the final decision.

Lord Fakafanua further questioned why the government would prohibit tourists from marrying in Tonga.

The Minister replied he had not encountered issues where a marriage license was disputed due to a lack of Tongan link.

Vaipulu then suggested removing the "established link with Tonga" requirement from the clause to allow any tourist to obtain a marriage license.

The Tourism Minister then said the requirement was to ensure the marriage application was "genuine" and to prevent foreigners from abusing the opportunity.

Sovaleni questioned the reason for not allowing foreigners to marry in Tonga.

Minister Tapueluelu noted that the Bill deliberately ensures one party has a link to Tonga to verify the marriage is "genuine and serious”.

Sovaleni then said marriage is a personal matter.

The Tourism Minister Mo’ale Finau advised members not to devalue marriage.

Lord Fakafanua told the House that the Minister's stance was what the youth call "gaslighting."

Lord Fakafanua continued to question the necessity of a Tongan link, arguing it hinders tourism and its potential benefits, such as increased tourist numbers and support for local businesses.

However, the Tourism Minister remained firm on his point.

Sovaleni then suggested the Registrar General should have the discretion to grant licenses to foreign couples even without a Tongan link.

Lord Fakafanua was concerned with Sovaleni’s suggestion as it would also hinders Tongans overseas who has not lived more than 3 months in Tonga.

The Committee of the Whole House voted and passed amendment to the clause to allow foreigners to marry in Tonga without an established link.

They also then voted and passed the Civil Registration and Digital Identification Bill 2025 with amendments, on 6 August.