§578-2 Consent to adoption. (a) Persons required to consent to adoption. Unless consent is not required or is dispensed with under subsection (c), a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:
(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse, if the adult is married.
(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.
(d) Presumption of biological parentage. A person is presumed to be the natural non-birthing parent of a child if:
(e) Notice of hearing; minor parent; consent authorizing selection of adoptive parents. No hearing of a petition for adoption shall be had unless each of the living parents of the child who falls within the provisions of subsection (a) and who has not consented to the proposed adoption, but who is alleged to fall within the provisions of [subsection] (c)(1)(A), (B), (C) and (D) or (c)(2), and any person whose name appears as non-birthing parent on the child's birth certificate, shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof. The notice need not be given to any parent whose parental rights have been legally terminated as hereinabove provided or whose consent has been filed with the court.
The minority of a child's parent shall not be a bar to the right of the parent to execute a valid and binding consent to the adoption of the child.
Any parental consent required hereunder shall be valid and binding even though it does not designate any specific adoptive parent or parents, if it clearly authorizes the department of human services, or a child placing organization approved by the department under the provisions of section 346-17 or some proper person not forbidden by law to place a child for adoption, to select and approve an adoptive parent or parents for the child.
(f) Withdrawal of consent. A consent to adoption which has been filed or received in evidence in an adoption proceeding or which has been given to the department of human services or to a child placing organization approved by the department under section 346-17, or to any other proper person not forbidden by law to place or receive an individual for adoption, may not be withdrawn or repudiated after the individual has been placed for adoption, without the express approval of the court based upon a written finding that such action will be for the best interests of the individual to be adopted.
(g) Maintenance of action based on medical or surgical treatment of child barred when. A person who consents to adoption, or on whose behalf a consent to adoption is signed, and a nonconsenting parent whose consent is not required or is dispensed with hereunder shall be barred from maintaining any action based upon medical or surgical care or treatment given to the child with the permission of the petitioner or petitioners or the person or agency authorized by the parental consent to select and approve an adoptive parent or parents; provided that nothing herein contained shall be construed to alienate or impair any cause of action accruing to the child for personal injury which may be sustained as a result of such medical or surgical care or treatment. [RL 1945, pt of §12271; am L 1951, c 42, §1 and c 330, §1; am L 1953, c 115, pt of §1; am L 1955, c 132, §1; RL 1955, §331-2; am L Sp 1959 2d, c 1, §20; am L 1965, c 108, §1; HRS §578-2; am L 1969, c 183, §3; am L 1970, c 105, §5; am L 1973, c 211, §3(b); am L 1975, c 117, §1(1); am L 1976, c 16, §§1, 2 and c 194, §1(2); am L 1980, c 56, §1; am L 1986, c 166, §2 and c 201, §1; am L 1987, c 339, §4; am L 1992, c 190, §4; am L 1993, c 160, §1; am L 2010, c 135, §5; am L 2011, c 220, §17; am L 2023, c 160, §4]