Title 31, Family

[§584A-202] Parentage determinations from other states and territories. Parentage determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a parentage adjud…

[§584A-203] Who may bring action; when action may be brought; process, warrant, bond. (a) A child or guardian ad litem of the child, an individual who is the child's parent under this chapter, an individual whose parentage of the child is to be adjudicated, a personal representat…

[§584A-204] Representation of child; action if public assistance moneys are paid; child support enforcement agency. The child may be made a party to the action and may be represented by the child's general guardian or a guardian ad litem appointed by the court. The child's parent…

PART III. PARENT-CHILD RELATIONSHIP [§584A-301] Establishment of parent-child relationship. A parent-child relationship is established between an individual and a child if: (1) The individual gives birth to the child, except as otherwise provided in part IX; (2) There is a presum…

[§584A-302] Relationship not dependent on marriage. A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent. [L 2025, c 298, pt of §2]

[§584A-303] Presumption of parentage. (a) An individual is presumed to be a parent of a child if: (1) Except as otherwise provided under part IX or the law of this State other than this chapter: (A) The prospective presumed parent and the individual who gave birth to the child ar…

PART IV. VOLUNTARY ESTABLISHMENT OF PARENTAGE [§584A-401] Acknowledgment of parentage. An individual who gave birth to a child and an alleged genetic parent of the child, intended parent under part VIII, or presumed parent may sign an acknowledgment of parentage to establish the …

[§584A-402] Execution of acknowledgment of parentage. (a) An acknowledgment of parentage under section 584A-401 shall: (1) Be in a record signed by the individual who gave birth to the child and by the other individual seeking to establish a parent-child relationship; provided th…

[§584A-403] Expedited process of parentage. (a) To expedite the establishment of parentage, each public or private birthing hospital or birthing center, the child support enforcement agency, midwives, and the department of health shall provide parents the opportunity to voluntari…

PART V. PROCEEDING TO ADJUDICATE PARENTAGE [§584A-501] Pretrial hearings. (a) As soon as practicable after an action to declare the existence or nonexistence of a parent-child relationship has been brought, an informal hearing shall be held. The public shall be barred from the he…

[§584A-502] Pretrial recommendations. (a) On the basis of the information produced at the pretrial hearing held pursuant to section 584A-501, the judge conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the parent-child relations…

[§584A-503] Civil action. (a) An action under this chapter shall be a civil action governed by the Hawaii family court rules or the Hawaii rules of civil procedure. The individual who gave birth to the child and the individual whose parentage is to be adjudicated shall be compete…

[§584A-504] Judgment or order. (a) The judgment or order of the court determining the existence or nonexistence of the parent-child relationship shall be determinative for all purposes. (b) If the judgment or order of the court is at variance with the child's birth certificate, t…

[§584A-505] Costs. The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including genetic tests, subject to section 584A-703, to be paid by the parties in proportions and at times deter…

[§584A-506] Enforcement of judgment or order. (a) If existence of the parent-child relationship is declared, or parentage or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of a parent may be enforced in the same or oth…

[§584A-507] Modification of judgment or order. (a) The court shall have continuing jurisdiction to modify or revoke a judgment or order: (1) For future education and support; and (2) With respect to matters listed in section 584A-504(c) and (d) and 584A-506(b); provided that a co…

[§584A-508] Hearings and records; confidentiality. (a) Notwithstanding any other law concerning public hearings and records, unless the court orders otherwise, any hearing or trial in a case filed on or before January 1, 2021, under chapter 584, before its repeal, and any hearing…

[§584A-509] Court filings; minutes of proceedings; posting requirement. The judiciary shall post on its website the titles of all court filings and the minutes of court proceedings in cases brought under this chapter except for actions filed pursuant to part VIII or IX; provided …

[§584A-510] Birth records. (a) Upon order of a court of this State or upon request or order of a court of another state, or following acknowledgment as provided in section 584A-401, the department of health shall prepare a new birth certificate consistent with the findings of the…

[§584A-511] Parentage judgment, acknowledgment, support order; social security number. The social security number of any individual who is subject to a parentage judgment or acknowledgment, or a support order issued under this chapter, shall be placed in the records relating to t…

[§584A-512] Filing of acknowledgments and adjudications with department of health. All voluntary acknowledgments and adjudications of parentage by judicial process shall be filed with the department of health for comparison with information in the state case registry established …

PART VI. SPECIAL RULES FOR PROCEEDINGS [§584A-601] Adjudicating parentage of child with alleged genetic parent. (a) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced: (1) Before the child becomes an ad…

[§584A-602] Adjudicating parentage of child with presumed parent. (a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced: (1) Before the child becomes an adult; or (2) After the child becomes an adult, but only if the child initiates the p…

[§584A-603] Adjudicating claim of functional parentage of a child. (a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (1) Is alive when the proceeding is commenced; and (2) Claims to be a functional parent of the chil…

[§584A-604] Adjudicating parentage of child with acknowledged parent. (a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage, brought by a signatory to the acknowledgment, shall be governed by section 584A-403(g). (b) If a child has a…

[§584A-605] Adjudicating parentage of child with adjudicated parent. (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under section 584A-201, shall be governed by …

[§584A-606] Adjudicating parentage of a child of assisted reproduction. (a) An individual who is a parent under part VIII or the individual who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under part VI…

[§584A-607] Adjudicating competing claims of parentage. (a) Except as otherwise provided by law, in a proceeding to adjudicate competing claims of, or challenges under section 584A-601, 584A-602, 584A-603, 584A-604, 584A-605, or 584A-606 to, parentage of a child by two or more in…

[§584A-608] Denial of parentage. An alleged genetic parent or presumed parent may sign a denial of parentage in a record filed with the court. The denial of parentage shall be valid only if: (1) Another individual other than the individual who gave birth to the child agrees to ha…

PART VII. GENETIC TESTING [§584A-701] Scope of part; limitation on use of genetic testing. (a) This part shall govern genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: (1) Voluntarily submits to testing; or (2) Is tested under an or…

[§584A-702] Authority to order or deny genetic testing. (a) Except as otherwise provided in this part or part V, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testi…

[§584A-703] Requirements for genetic testing. (a) Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) The AABB, formerly known as the American Association of Blood Banks, or a …

[§584A-704] Report of genetic testing. (a) In any hearing or trial brought under this chapter, a report of the facts and results of genetic tests ordered by the court under this chapter shall be admissible in evidence by affidavit of the person whose name is signed to the report,…

[§584A-705] Report of genetic testing. (a) Subject to a challenge under subsection (b), an individual is identified under this chapter as a genetic parent of a child if genetic testing complies with this part and the results of the testing disclose: (1) The individual has at leas…

[§584A-706] Genetic testing when specimen not available. (a) Subject to subsection (b), if a genetic-testing specimen is not available from an alleged genetic parent of a child, an individual seeking genetic testing demonstrates good cause, and the court finds that the circumstan…

[§584A-707] Deceased individual. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [L 2025, c 298, pt of §2]

PART VIII. ASSISTED REPRODUCTION [§584A-801] Scope of part. This part shall not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under part IX. [L 2025, c 298, pt of §2]

[§584A-802] Parental status of donor. A donor is not a parent of a child conceived by assisted reproduction. [L 2025, c 298, pt of §2]

[§584A-803] Parentage of child of assisted reproduction. An individual who consents under section 584A-804 to assisted reproduction by another individual with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child. [L 2025, c 298, pt …

[§584A-804] Consent to assisted reproduction. (a) Except as otherwise provided in subsection (b), the consent described in section 584A-803 shall be in a record signed by an individual giving birth to a child conceived by assisted reproduction and the other individual who intends…

[§584A-805] Limitation on spouse's dispute of parentage. (a) Except as otherwise provided in subsection (b), an individual who, at the time of the child's birth, is the spouse of an individual who gave birth to the child by assisted reproduction may not challenge the individual's…

[§584A-806] Effect of certain legal proceedings regarding marriage. If a marriage of an individual who gives birth to a child conceived by assisted reproduction is terminated through divorce or dissolution, subject to legal separation or separate maintenance, declared invalid, or…

[§584A-807] Withdrawal of consent. (a) An individual who consents under section 584A-804 to assisted reproduction may withdraw consent any time before a transfer by giving notice in a record of the withdrawal of consent to the individual who agreed to give birth to a child concei…

[§584A-808] Parental status of deceased individual. (a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual's death shall not preclud…

PART IX. SURROGACY AGREEMENT A. General Provisions [§584A-901] Definitions. As used in this part: "Genetic surrogate" means an individual who is capable of carrying a pregnancy to term and giving birth to a child, who is not an intended parent and who agrees to become pregnant th…

[§584A-902] Eligibility to enter gestational or genetic surrogacy agreement. (a) To execute a surrogacy agreement to act as a gestational surrogate or genetic surrogate, an individual who is capable of carrying a pregnancy to term and giving birth to a child shall: (1) Have attai…