Taking Up Gestational Surrogacy in Hawaii

There is no law or statute defined and appointed against gestational surrogacy in Hawaii, therefore surrogacy is permitted in the state. 

Are the pre-natal parentage or parenthood orders granted by the courts?

No, pre-natal parentage or parenthood orders are not granted in Hawaii. Only the orders for post-birth parenthood are conferred by the court.

Pre-Natal Parenthood Orders

Is there any provision for declaring both the intended parents the legal parents if at least one parent has a genetic connection with the child?

Married heterosexual or straight couple with own egg and sperm: Yes

Married heterosexual or straight couple going with egg or sperm donation: No, it is only possible for the biological parent to acquire a pre-natal order, following a 2-step process: The parent who is not related biologically must then adopt the child as a stepparent. They can do this in Hawaii or in their native place.

Heterosexual or straight unmarried couple with own sperm and egg: Yes

Heterosexual or straight unmarried couple going with egg or sperm donation: No, just like in the case of a married couple, they need to go with a 2-step process:  The parent who is not related biologically has to adopt the child as a second/additional parent, either in Hawaii or another state.

The same-sex or homosexual couple going with sperm or egg donation: No, only the biologically related parent can get a pre-natal order, going with a 2-step process: The parent who is not related biologically then needs to do the child adoption as a second parent, either in Hawaii or elsewhere.

A single parent with own sperm or egg: Yes

Is there any provision for declaring both the Intended Parents as legal parents in a post-birth parenthood order if none of the parents has a genetic connection with the child?

Heterosexual or straight married couple: No

Heterosexual or straight unmarried couple: No

Same-sex or homosexual couple: No

Single parent: No

Do results change as per Venue?

Results don’t change as per venue for the order for post-birth parenthood, but there may be variations in case of adoption by the second parent.

Is there a need for hearing to have a court order?

Yes, its the judge who decides who must be present for the hearing. Generally, if the Intended Parents are using their own sperm and egg, then only the Gestational Carrier along with her husband (if so applies in the case) need to attend. If the Intended Parents go for sperm or egg donation, then they may themselves need to attend the proceedings.

Does Hawaii Vital Records recognize a pre-natal or pre-birth order from another state?

Possibly. But not sure.

Is there any time limit to acquire the birth certificate post-delivery? 
Typically 6-12 weeks, but this could get faster on request.

Same-Sex Or Homosexual Couple

 

How are the homosexual parent’s names are placed on the certificate of birth?

Parent and Parent

Can an initial birth certificate be granted to homosexual couple from another country, on mentioning the name of the gestational carrier and biological father?

Possibly

Can the initial birth certificate be obtained by a homosexual male couple from another country, if they only mention the name of the biological father and not the name of the gestational carrier?

Possibly

Is it possible for a non-biological homosexual parent to acquire a second parent adoption if the child is born in Hawaii but none of the Intended Parents live in the state?

Most of the time, yes. It highly depends on the discretion of the judge.

If no, will Hawaii Vital Records recognize or honor an order for second-parent adoption from another state and add their name to the certificate of birth?

Possibly, in the case of a married couple or a civil union.

Adoptions of The Second/Companion Parent and Step-Parent by Hawaii Residents

Note: This situation comes into the picture if the child’s birth takes place outside of the state.  The parents then come back to Hawaii to demand and acquire a second/companion parent or stepparent adoption order in Hawaii.

Will the court authorities in Hawaii allow for second/companion parent or stepparent adoptions to straight or heterosexual couples who are residents of Hawaii?

Yes, but it depends on the judge

Is it required for the couple to be married?

No

Will the legal policies in Hawaii allow for second-parent or stepparent adoptions to same-sex or homosexual couples who are residents of Hawaii?

Yes, but it largely depends on the judge.

Is it required for the couple to be married?

No

Sperm and Egg Donation

Does any statute or legal act apply to the rights related to the outcomes of surrogacy related to egg, sperm, embryo, or child?

No

Conventional Surrogacy in Hawaii

The legality of Traditional or Conventional Surrogacy in Hawaii is not clear at present.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.