What You Need to Know About Surrogacy in Hawaii

What You Need to Know About Surrogacy in Hawaii

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Hawaii Surrogacy Laws and Information

If you’re considering surrogacy in Hawaii, know that this is a legal option for you, whether you’re a prospective surrogate or intended parent. Like many states, Hawaii has no specific surrogacy laws — but that does not mean surrogacy is illegal here. On the contrary:  Many intended parents and surrogates have completed a successful surrogacy in Hawaii with the assistance of experienced surrogacy professionals, and you can, too.

But, if there are no surrogacy laws in Hawaii, how exactly does the process work? How do you ensure your rights and interests are protected throughout?

First off, it’s important that you speak with an experienced surrogacy attorney in Hawaii to learn more about the current state of Hawaii surrogacy laws. In the meantime, keep reading for answers to some of the most commonly asked questions about surrogacy in Hawaii below.

Q: Is surrogacy legal in Hawaii?

A: While there are no specific surrogacy laws in Hawaii, the courts are generally favorable to intended parents who use their own gametes during the gestational surrogacy process. For most intended parents and surrogates, surrogacy is legal in Hawaii and involves a fairly straightforward legal process.

Q: Is compensated surrogacy legal in Hawaii?

A: Because there are no specific surrogacy laws in Hawaii regulating surrogate compensation, compensated surrogacy is legal in Hawaii.

Q: Is traditional surrogacy legal in Hawaii?

A: The legality of traditional surrogacy is unclear, although there are no Hawaii surrogacy laws addressing this process. Speak with a local surrogacy attorney in Hawaii to learn more about the potential risks and liabilities of completing a traditional surrogacy in this state.

Q: What does a surrogacy agreement in Hawaii cover, and how does the legal process work?

A: Surrogacy contracts in Hawaii are similar to surrogacy contracts in any other state. They must be drafted by two separate surrogacy attorneys — representing the intended parents and surrogate — and address all of the potential risks and complications, as well as expectations, of a particular surrogacy journey.

A properly drafted surrogacy contract should address issues like:

  • Surrogate compensation
  • Risks and liabilities for both parties
  • Expectations for both parties
  • Agreement on sensitive issues like selective reduction and termination
  • Other financial information, like coverage of medical expenses and surrogacy insurance
  • And more

Only after a surrogacy contract has been approved and finalized by both parties can intended parents and surrogates move forward to the medical process of surrogacy in Hawaii.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Hawaii?

A: Yes. Like any other legal contract, surrogacy contracts are enforceable in a court of law, as there are no particular Hawaii surrogacy laws that indicate otherwise.

Q: What are the surrogacy laws in Hawaii on parentage orders?

A: In Hawaii, surrogacy courts typically will not issue a parentage declaration before birth — only after birth.

Any intended parents who are genetically related to their child born via surrogacy can obtain a post-birth order. However, any unrelated intended parents, no matter their marital status, must typically complete an adoption after birth.

If neither intended parent is genetically related to their baby born via surrogacy in Hawaii (for example, in the case of an embryo adoption), no post-birth orders can be issued. Instead, the parents will need to adopt their child after birth. This may come with additional legal regulations, so make sure you speak with an experienced surrogacy attorney in Hawaii if you are in this situation.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Hawaii?

A: No. International intended parents are subject to the same Hawaii surrogacy laws as any domestic intended parents, as well as any federal laws regarding immigration and returning with their child to their home country.

Q: When do intended parents need to complete an adoption after birth? 

A: No matter their marital status, any intended parent who is not genetically related to their child born via surrogacy in Hawaii has to complete an adoption. Individual intended parents will need to complete a full adoption, while couples — depending on their marital status — will need to complete a stepparent adoption or a second-parent adoption.

Q: Does Hawaii allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: In practice, second-parent adoptions are available in Hawaii, but where you can obtain one will depend upon the judge overseeing the surrogacy case. Married couples who cannot obtain a post-birth order for both members of the couple can always complete a stepparent adoption after their child is born.

Working with an experienced surrogacy attorney will help ensure that you can protect your parental rights, no matter what your marital status.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: As mentioned, any intended parent who is not genetically related to their child born via surrogacy must protect their parental rights through an adoption. Therefore, using a donated gamete will usually require an adoption after the child is born via surrogacy.

There are no other laws in Hawaii that address the rights of egg, sperm or embryo donors, but your surrogacy attorney in Hawaii will work with you and your fertility clinic to ensure all proper legal steps are taken.

Q: Are there any additional laws impacting same-sex surrogacy in Hawaii?

A: No, there are no specific surrogacy laws in Hawaii applying to LGBT intended parents that do not also apply to heterosexual intended parents.

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If you are interested in pursuing a surrogacy in Hawaii, American Surrogacy can help. Our surrogacy specialists can provide all of the case management and support services you need to successfully make your surrogacy dreams come true, whether you are an intended parent or prospective surrogate. To learn more about our surrogacy program today, please call 1-800-875-2229(BABY).

While American Surrogacy has 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.