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.
