Hawaii

PRE BIRTH OR POST BIRTH ORDER

Post-birth, though all documents are filed prior to the birth.

Process begins at week 14 of the pregnancy.

All parties must attend the hearing.

	Married Hetero Couple	Unmarried Hetero Couple	Married Same-Sex Couple	Unmarried Same-Sex Couple	Single Parent
One Bio Connection					√
Two Bio Connections	√	√
No Bio Connections

Acceptance of California Pre-birth order

Yes; however, the Order will only be honored for Intended Parents with genetic connections. If an Intended Parent is not genetically related, they must adopt the child(ren).

Birth Certificates

Timing - The typical time frame is 6-12 weeks.

Title - Parents can choose to be listed as father, parent, or mother.

GC - Unknown if the initial birth certificate can include the name of the GC with the name of an IP.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue? No.

Are motions to waive venue accepted? Unknown.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? Possibly.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.

Does the couple need to be married? No.

Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.

Does the couple need to be married? No.