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Is Surrogacy Legal in Hawaii?

Surrogacy Law in Hawaii

Hawaii Surrogacy Law: Types of Surrogacy

In Hawaii,gestational surrogacyis permitted because there are no statutes or prior case law which prohibit it.

Traditional (genetic) surrogacy in Hawaii is legally unclear and should be embarked upon with caution or an expectation to evaluate the issue in court.

In either case, courts have been generally favorable toward Intended Parents who choose to embark upon the practice in Hawaii. However, elements of the law can vary across the state and may depend on the Family Court judge in your Circuit (i.e. your island). For example, a judge in Honolulu may render a different result from a judge in Hilo. Court processing times also vary between courts on different islands.  We strongly recommend retaining legal counsel who is knowledgeable of reproductive law in Hawaii.

Are There Surrogate Requirements in Hawaii?

Currently, there are no specific legal requirements for an individual to serve as a gestational surrogate in the state of Hawaii.

Does Hawaii Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: No, Hawaii courts do not grant pre-birth orders regarding parentage. Intended Parents wishing to be declared the legal parents of a child born of surrogacy, must do so after the child is born (post-birth).

For post-birth orders, where at least one parent is genetically related to the child, Intended Parents may be declared legal parents under the following conditions:

Yes

  • Married heterosexual couples, using their own egg and own sperm.
  • Married heterosexual couples, using a sperm or egg donor.
  • Unmarried heterosexual couples, using their own egg and own sperm.
  • Unmarried heterosexual couples, using a sperm or egg donor.
  • Same-Sex couples, using a sperm or egg donor
  • Single parents using an sperm or egg donor.

No

For post-birth orders, where neither parent is genetically related to the child, Intended Parents may be declared legal parents through an adoption proceeding:

Yes

  • Married heterosexual couples.
  • Unmarried heterosexual couples.
  • Married same sex couples.
  • Unmarried same sex couples.
  • Single parent.

No

Whose names go on the birth certificate in Hawaii?

The initial birth certificate will have the name of the gestational surrogate listed as the birth mother. After legal parentage proceedings have concluded, a new birth certificate will be issued with names of the Intended Parent(s) listed. This also applies for international same-sex couples.

Non-biological parents are also able to obtain a parental designation through a second or step-parent adoption proceeding.

Surrogacy Conditions for Same-Sex Couples in Hawaii

Conditions are favorable for Same-Sex couples in Hawaii. Same-Sex couples (married or unmarried) are treated the same as heterosexual couples.

Are There Options for Unmarried Intended Parents in the state of Hawaii?

Yes. Marriage is not a requirement for an Intended Parent to obtain an order of legal parentage of a child born through a gestational surrogate.

Egg Donation Law

As with surrogacy as a whole, Hawaii has no laws or applicable legal precedents which govern sperm or egg donations. Your assisted reproductive technology attorney will be able to draft your egg or sperm donor agreement.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Hawaii*

Caprice R. Itagaki, Esq.
Fertility Connections Hawaii
841 Bishop Street, Suite 2210
Honolulu, Hawaii 96813
Phone: 808.585.1317
www.fertilityconnectionshawaii.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.