Legislative Milestone in Hawaii’s Surrogacy Landscape:
In Hawaii, surrogacy is a viable and legal option for family building, despite the absence of specific surrogacy laws.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Establish Surrogate’s compensation and other financial information.
Parental Rights
In Hawaii, courts typically do not issue parentage declarations before birth. Post-birth orders are available for Intended Parents who are genetically related to their child. However, unrelated Intended Parents, regardless of their marital status, may need to complete an adoption after birth to establish their parental rights.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in HI?
Single individuals with a genetic link to a child
Heterosexual couples with a genetic link to a child
Same-sex couples with a genetic link to a child
Surrogacy Environment in Hawaii:
While surrogacy in Hawaii operates without specific statutory guidelines, the state's courts provide a supportive framework for surrogacy arrangements. Intended Parents and Surrogates are encouraged to engage with experienced surrogacy attorneys to ensure their surrogacy journey is conducted safely, legally, and in alignment with their family-building goals
Advantages of Surrogacy in HI
The state's approach to surrogacy is characterized by a supportive legal environment that allows both Intended Parents and Surrogates to pursue surrogacy with the proper guidance and legal oversight.
