Learn About Third-Party Assisted Reproduction & Surrogacy Law in Hawaii
Everything you need to know about surrogacy law in Hawaii.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements for Surrogacy in Hawaii
- Gestational surrogacy is permitted, including compensated arrangements.
- Surrogacy agreements should be signed by all parties before the embryo transfer procedure.
- Parentage is established through post-birth court orders.
- Court involvement is required to secure an updated birth certificate naming the intended parents as the parents of their child.
Hawaii Surrogacy Law: What You Need to Know
Hawaii permits surrogacy for married and unmarried couples, same-sex couples, and single parents. While parentage orders are granted after birth, the legal process is well established. With a properly executed agreement and attorney guidance, intended parents can expect the timely issuance of an updated birth certificate, naming them as legal parents.
Hawaii Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Not permitted. All parentage proceedings are completed through a post-birth parentage process |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex, less common and not preferred |
| Surrogacy Agreement | All parties should enter into a Gestational Surrogacy Agreement prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Non-Genetic and Genetic parents are recognized as the parent through post-birth court proceedings |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The birth certificate worksheet/ birth record, which is submitted to the Hawaii Vital Records will list the surrogate’s name and her husband, if married. The post-birth parentage order will allow the Hawaii Vital Records to issue a birth certificate with the intended parents’ names listed as the parents of the child born through gestational surrogacy. The timeline to obtain the birth certificate varies but can take up to 12 weeks post birth. |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: several months post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Hawaii for personalized advice.