Hawaii has no statutes or case law that restrict gestational or traditional surrogacy. However, in Hawaii, the woman who delivers a child is presumed to be the legal mother and there is a legal presumption that her husband is the natural father unless otherwise established. Pre-birth orders of parentage are not available in Hawaii. Therefore, Intended Parent(s) should establish their parental rights through one or more post-birth legal proceedings.
Can a parentage order be obtained for the following?
Although traditional surrogacy isn’t prohibited in Hawaii, there isn’t much case history on the matter and most attorneys and agencies strongly advise against the practice given the increased emotional and legal risks involved.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
Hawaii has no statutes or case law that addresses the rights of donors of egg, sperm, or embryos or assisted reproduction.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
There are no statutes or case law which directly address the matter and it is unclear how a Hawaii court would interpret or enforce a surrogacy contract.
Independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement.
In Hawaii, hearings are required for post-birth orders. The process typically begins in the seventh or eighth month of pregnancy, with the actual filing taking place immediately after the birth certificate arrives. The judge decides who must attend, which may depend on the Intended Parents’ genetic connections to their child.
Results don’t vary by venue for post-birth orders, but they may vary for second parent adoptions.
Although there are some restrictions on donor gametes and how parentage is determined, Hawaii’s geographical location makes it a popular option for Intended Parent(s) coming from Australia and Asia. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019