Gestational Surrogacy Regulations in Hawaii

Overview

Gestational Surrogacy is generally permitted in Hawaii. There are no statutes or published
case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
Yes*
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Hawaii:
Yes
Birth outside of Hawaii:
Yes, however, discuss with your legal counsel

Intended Parents who share a genetic relationship with the child will typically be able to
obtain a Post-Birth Order. Any Intended Parent who is not genetically related to the child will
be required to complete a Post-Birth Adoption to secure his/her legal parental rights.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Hawaii Vital Records honor a Pre-Birth Order from another state:
Yes, most likely
What is the typical time frame to obtain a birth certificate after delivery:
6-12 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Hawaii Residents:

*This situation typically arises if the child is born outside of Hawaii. The parents then return to Hawaii to obtain a second parent adoption or stepparent adoption in Hawaii. A married couple may complete a stepparent adoption, an unmarried couple may complete a second parent adoption, and a single Intended Parent must complete a full adoption. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Hawaii?

*Traditional Surrogacy legality in Hawaii is unclear. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.