The US Surrogacy Law Map™
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.
Gestational Surrogacy is permitted in Hawaii because no statute or published case law prohibits it.
Do courts grant 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?
Do results vary by venue?
Is a hearing required to obtain a post-birth order?
Will Hawaii Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
If no, will Hawaii Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
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?
Does the couple need to be married?
Will courts in Hawaii grant second parent adoptions or stepparent adoptions to same-sex couples living in Hawaii?
Does the couple need to be married?
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.
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Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.