For anyone looking to pursue surrogacy in Hawaii, you need to know what the state’s laws are. Or, in this case, being aware of the lack of surrogacy laws in Hawaii and how that may impact the surrogacy process. You may have questions about the legality of surrogacy, how you can create a surrogacy contract and how to find a surrogacy attorney. We’ve created a simple guide to help you navigate the legal process of surrogacy.
If you want to get started or have questions about the surrogacy laws in Hawaii, contact us today at 1-800-875-2229 (BABY) or fill out our online form.
Is Surrogacy Legal in Hawaii?
If there are no surrogacy laws in Hawaii, then is it legal? Even though there are no specific surrogacy laws, the courts in Hawaii are usually favorable to intended parents who are pursuing gestational surrogacy. This makes the surrogacy process a possible option for both intended parents and surrogates. The state
This also means there is support from the courts for compensated gestational surrogacy. This means surrogates can expect to legally be paid for their services. This just needs to be outlined in the surrogacy contract that will be signed by both parties before moving into the medical process of surrogacy.
Find a Surrogacy Attorney
Finding a good surrogacy attorney in Hawaii is important to your surrogacy journey. Your surrogacy attorney will represent you throughout the surrogacy process from the point of creating a surrogacy contract to anything else you might need, including the parentage order intended parents will need to file.
We have a trusted network of surrogacy attorneys in Hawaii who have experience with the surrogacy process. Your surrogacy specialist will help you find an attorney who is the right fit for you and your circumstances.
Understanding the Surrogacy Contract
Your surrogacy contract is what is going to be the legally binding contract the courts recognize. Your surrogacy contract will cover a variety of risks and responsibilities to ensure everyone is protected and reduce any potential complications. A surrogacy contract will include:
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Surrogate compensation
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Risks to both parties
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Expectations for both parties
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Agreements on sensitive issues include reduction and termination
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Coverage of medical expenses
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Surrogacy insurance
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And more
Parentage Orders
Parentage orders are a common way for intended parents to protect their parental rights in the surrogacy process. One thing to take note of when it comes to Hawaii surrogacy laws is that the courts do not grant pre-birth orders. They only grant post-birth orders. It’s also important to understand that post-birth orders are only given to intended parents who are genetically related to the child. Any intended parent who is not genetically related, no matter the marital status, must complete an adoption after birth.
In the case that you use donors for the egg and sperm, then no post-birth orders will be issued and you will need to complete an adoption of your child after the birth. Your surrogacy attorney will be able to help you with this process. Being as prepared as possible for these situations will only help the legal process move smoother.
If you want to learn more about the surrogacy laws in Hawaii it’s important to speak with an experienced surrogacy attorney in the state who can give you a better look at what you can expect from the legal process. Get started on your surrogacy journey today by filling out our quick form for surrogates and intended parents.
While we have made every effort to present the most accurate and up-to-date information about surrogacy in Hawaii, we make no guarantee the information in this article is correct. Surrogacy laws in Hawaii are always subject to change, so we encourage you to contact a local surrogacy attorney for the most accurate information about the current state of surrogacy in Hawaii.