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Gestational Surrogacy in Hawaii

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Hawaii Surrogacy Laws

Gestational Surrogacy is permitted in Hawaii because no statute or published case law prohibits it.

 

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Do courts grant pre-birth parentage orders?

  • No, pre-birth parentage orders are not granted in Hawaii. Only post-birth parentage orders are granted.

Pre-Birth Parentage Orders

Can both Intended Parents be declared the legal parents in a post-birth parentage order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order, requiring a 2-step process: The non-biological parent must then do a stepparent adoption, either in Hawaii or in their home state.
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: No, same as married couple, requiring a 2-step process:  The non-biological parent must then do a second parent adoption, either in Hawaii or elsewhere.
  • Same-sex couple using an egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order, requiring a 2-step process: The non-biological parent must then do a second parent adoption, either in Hawaii or elsewhere.
  • Single parent using own egg or sperm: Yes

Can both Intended Parents be declared the legal parents in a post-birth parentage order if no parent is genetically related to the child?

  • Married heterosexual couple: No
  • Unmarried heterosexual couple: No
  • Same-sex couple: No
  • Single parent: No

Do results vary by venue?

  • Results do not vary by venue for post-birth parentage orders, but they do vary for second parent adoptions.

Is a hearing required to obtain a post-birth order?

  • Yes, and the judge will determine who must attend. Typically, if the Intended Parents used their own egg and sperm, then only the Gestational Carrier (and her husband, if applicable) will need to attend.  If the Intended Parents used an egg or sperm donor, then the parents may also need to attend the hearing.

Will Hawaii Vital Records honor a pre-birth order from another state? 

  • Possibly

What is the typical time frame to obtain a birth certificate after delivery?

  • 6-12 weeks is typical, but efforts can be made to expedite the process.

Same-Sex Couple

How are same-sex parents named on the final birth certificate?

  • Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?

  • Possibly

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?

  • Possibly

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Hawaii (i.e., neither of the Intended Parents lives in Hawaii)?

  • Yes, some judges will grant second parent adoptions under these circumstances.

If no, will Hawaii Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?

  • Possibly, if the couple is married or in a civil union

Second Parent & Stepparent Adoptions for Hawaii Residents

Note: This situation typically arises if the child is born outside the state.  The parents then return to Hawaii to obtain a second parent adoption or stepparent adoption in Hawaii.

Will courts in Hawaii grant second parent adoptions or stepparent adoptions to heterosexual couples living in Hawaii?

  • Yes, but it depends on the judge

Does the couple need to be married?

  • No

Will courts in Hawaii grant second parent adoptions or stepparent adoptions to same-sex couples living in Hawaii?

  • Yes, but it depends on the judge.

Does the couple need to be married? 

  • No

Egg and Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No

Traditional Surrogacy in Hawaii

The legality of Traditional Surrogacy in Hawaii is unclear.

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State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

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