Hawaii Surrogacy Laws

There is no Hawaii case law or any statute that prevents would-be parents from practicing gestational surrogacy in Hawaii. The practice is permitted in the state and seen in many Hawaii cities, such as Honolulu, Pearl City, and Hilo. The legality of traditional surrogacy is unclear.

Laws Concerning Parentage Orders in Hawaii

Hawaii does not allow for its courts to grant pre-birth parentage orders. In Hawaii, the woman who delivers a child is the presumed mother of that child. If she is married, her husband is the presumed father, and their names will be placed on the child’s birth certificate (HRS § 584-4.).

Hawaiian intended parents will need to file a petition to establish parenthood (HRS §584-1, 584-6.).

Egg and Sperm Donor Law in Hawaii

There is currently no statute or case law governing the rights, interests, or obligations of an egg, sperm, or embryo donor in Hawaii; however, there is no prohibition on donor agreements. As a result, how courts would treat the rights, interests, or obligations of an egg, sperm, or embryo donor is unclear.

Hawaii Stepparent and Second-Parent Adoption Law

Hawaii allows for its courts to grant stepparent adoptions to both opposite- and same-sex couples. Couples do not have to be married, but whether a court will grant the adoption is up to the judge’s discretion.

Fertility Clinics in Hawaii

Connect with Baby Steps Surrogacy Center, Inc.

If Hawaii surrogacy laws are presenting challenges for you, know that you’re not alone. You can have a qualified and experienced surrogacy professional on your side when you call Baby Steps Surrogacy Center, Inc. Dial 412-884-2229 or reach us through the contact buttons at the top of this page.