Hawaii's modern Parentage Act has governed gestational-surrogacy agreements since January 1, 2026. It authorizes enforceable compensated agreements for one or two intended parents, regardless of marriage or genetic connection, and provides parentage by operation of law at birth plus a court-order pathway.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
A compliant agreement must be written, executed before related medical procedures, consent to Hawaii jurisdiction, include required parties and independent counsel, and satisfy the statutory content rules. Compensation and reimbursement are permitted, and the carrier retains authority over health and welfare decisions.
One or two intended parents may participate, married or unmarried and genetically related or not. Each intended parent must be at least 21 and have independent counsel; the agreement also needs a Hawaii nexus through a resident party or specified medical or mental-health services performed in Hawaii.
For a compliant gestational-surrogacy agreement, each intended parent is a legal parent by operation of law at birth. A court may issue an order before, on, or after birth, allowing the judgment and birth-document plan to be prepared during pregnancy.
At least one party must reside in Hawaii or qualifying medical or mental-health services must occur there, with all parties consenting to jurisdiction.
Verify age, prior birth, evaluations, spouse participation, and separate legal representation before treatment begins.
The agreement may allocate expenses and compensation but cannot remove the carrier's authority over health and welfare decisions.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Have separate Hawaii counsel verify §§ 584A-902 through 584A-904 eligibility, nexus, spouse participation, agreement timing and compensation terms, then prepare a § 584A-910 parentage order during pregnancy.
One or two intended parents may participate, married or unmarried and genetically related or not. Each intended parent must be at least 21 and have independent counsel; the agreement also needs a Hawaii nexus through a resident party or specified medical or mental-health services performed in Hawaii.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A compliant agreement must be written, executed before related medical procedures, consent to Hawaii jurisdiction, include required parties and independent counsel, and satisfy the statutory content rules. Compensation and reimbursement are permitted, and the carrier retains authority over health and welfare decisions.
For a compliant gestational-surrogacy agreement, each intended parent is a legal parent by operation of law at birth. A court may issue an order before, on, or after birth, allowing the judgment and birth-document plan to be prepared during pregnancy.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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