Gestational Surrogacy is permitted in Hawaii because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? No, pre-birth parentage orders are not granted in Hawaii. Only post-birth parentage orders are granted.
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?
Can both Intended Parents be declared the legal parents in a post-birth parentage order if no parent is genetically related to the child?
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 be 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.
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
Note: This situation typically arises if the child is born outside of 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
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
The legality of Traditional Surrogacy in Hawaii is unclear.
State law information provided by the following attorneys practicing Reproductive Law in this state:
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