Surrogacy Law in Hawaii
Hawaii Surrogacy Law: Types of Surrogacy
In Hawaii, gestational surrogacy is 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. We strongly recommend retaining legal counsel who is knowledgeable of reproductive law in Hawaii.
Are There Surrogate Requirements in Hawaii?
No specific legal requirements exist to serve as a gestational surrogate in the state of Hawaii.
Does Hawaii Surrogacy Law Allow for Pre-Birth Orders?
Parentage Orders: 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.
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:
Married heterosexual couples, using their own egg and own sperm.
Unmarried heterosexual couples, using their own egg and own sperm.
Single parent using own egg or sperm.
For post-birth orders, where neither parent is genetically related to the child, Intended Parents may be declared legal parents under the following conditions:
Whose names go on the birth certificate in Hawaii?
Intended Parents are listed with the designation “parent and parent.”
The rules are generally unclear for international same-sex couples, when it comes to obtaining birth certificates with their names cited as parents.
Non-biological parents may be able to obtain a parental designation solely based on the child being born in Hawaii, as some judges have granted this permission. Second-parent adoptions obtained in another state may also be honored as long the couple is married or in a civil union.
Surrogacy Conditions for Same-Sex Couples in Hawaii
Are There Options for Unmarried Intended Parents in the state of Hawaii?
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