Surrogacy in Hawaii

Gestational Surrogacy in Hawaii

There is no existing statute or case law in Hawaii that prohibits surrogacy so it is freely practiced so long as there is a genetic connection between the intended parents and the child. For a biological parent, parentage can only be established post-birth. If the embryo was created with the assistance of an egg or sperm donor, the non-biological parent must complete a second parent adoption in either Hawaii or their home state in order for the child’s birth certificate to show them both as the parents. A hearing for the parentage and adoption order(s) typically requires at least the gestational carrier and her spouse, if applicable, to attend in person but could be all parties at the judge’s discretion.

Surrogacy Is Legal in Hawaii

In the absence of explicit surrogacy laws, surrogacy arrangements in Hawaii are legal and generally guided by court decisions and legal precedents.

Understanding Surrogacy Laws in Hawaii

Legal Parentage

The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Hawaii does not have a process for pre-birth orders that establish the intended parents’ legal parental rights. Everything occurs post-birth.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Hawaii exclusively performs a post-birth parentage process. For a genetic parent, this takes the form of a parentage order. For a non-genetic parent, there will be second parent adoption completed.

Common Questions About Hawaii Surrogacy Law

Do You Need a Medical Need for Surrogacy in Hawaii?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Hawaii if you have a medical need. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need. Social surrogacy has not been extensively tested in Hawaii courts and therefore results may be varied.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Hawaii permits married, partnered, and unmarried individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Hawaii, Intended Parents need at least one genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Hawaii?

International parents can pursue surrogacy in Hawaii and are subject to the same legal process as domestic intended parents. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Hawaii allows surrogacy for all individuals regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Hawaii. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Hawaii?

Generally no. Intended parents do not need to be Hawaii residents to carry out a surrogacy journey in Hawaii. Similarly, gestational carriers are not required to reside in Hawaii as long as the surrogate is expected to give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Hawaii does not have any written laws relating to the rights of surrogates. Learn more about surrogate rights.