Title 31, Family

§577A-3 Providing information. (a) Public or private hospitals, public or private clinics, or licensed health care providers may, at the discretion of the treating licensed health care provider, inform the spouse, parent, custodian, or guardian of any minor patient of the provisi…

§577A-4 Financial responsibility; counseling. (a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services pro…

[§577A-5] Limitation of actions. Notwithstanding any other law to the contrary, an action to recover any debt founded upon any contract, obligation, or liability made pursuant to this chapter shall not commence until a minor has reached the age of majority, provided that said act…

[§577D-1] Definitions. For the purposes of this chapter, the following terms shall be defined as follows: "Licensed health care practitioner" includes dentists licensed under chapter 448, physicians licensed under chapter 453, physician assistants licensed under chapter 453, and …

[§577D-2] Consent to primary medical care and services. (a) A licensed health care practitioner may provide primary medical care and services to a minor who consents to the primary medical care and services if the physician reasonably believes that: (1) The minor understands the …

[§577E-1] Findings and purpose. The legislature finds that, across the United States, there is a renewed understanding of the unique importance of fathers in the lives of their children, families, and communities. It is widely recognized that children are more likely to thrive wi…

[§577E-2] State commission on fatherhood. There is established the state commission on fatherhood within the department of human services for administrative purposes. [L 2003, c 156, pt of §2; am L 2005, c 148, §§1, 2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]

§577E-3 Members; terms; chair; quorum; compensation. (a) The commission shall consist of fifteen members and reflect the geographic and cultural diversity of the State. The membership shall include: (1) Ex officio, the director of human services, superintendent of education, dire…

[§577E-4] Duties. The commission shall serve in an advisory capacity to state agencies to promote healthy family relationships between parents and children. In addition, the commission may make recommendations on programs, services, and contracts relating to children and families…

[§577E-5] Meetings. The meetings of the commission shall be subject to the requirements of chapter 92. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]

[§577E-6] Exemption from administrative supervision of boards and commissions. Notwithstanding any law to the contrary, the commission shall be exempt from section 26-35 with the exception of section [26-35(a)(2), (3), (7), and (8)]. [L 2003, c 156, pt of §2; am L 2005, c 148, §2…

[§577E-7] Administration of funds. The commission shall administer funds appropriated or allocated for its work and shall be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shal…

§578-1 Who may adopt; jurisdiction; venue. Any unmarried adult person, person married to the legal birthing parent or non-birthing parent of a minor child, or married couple jointly may petition the family court of the circuit in which the person or persons reside or are in milit…

§578-1.5 Adoption. Any person may be adopted under this chapter; provided that an adult to be adopted must give written consent to the adoption. [L 1976, c 194, §1(11); gen ch 1985; am L 1986, c 166, §1]

§578-10 Disposition of minor child on discontinuance, withdrawal or denial of petition. Upon the discontinuance or withdrawal or denial of any petition for adoption, the court may make appropriate temporary orders concerning the care, custody and control of a minor child involved…

§578-11 Disposition in case of death of petitioners. Notwithstanding the death of a petitioner or the petitioners during the pendency of the petition, the court, if it finds that the best interests of the individual to be adopted will be served thereby, and, in the case of a surv…

§578-12 Setting aside or modifying decree. At any time within one year from the date of entry of any decree of adoption, the court may, for good cause, set aside or modify the decree and, in connection therewith, may make appropriate orders, concerning the custody of the minor ch…

§578-13 Change of name. The court may fix or change the given name and the family name of an adoptive minor child to the name stipulated by the adoptive parents or that name which is in the best interest of the child. The court may fix or change the given name and family name of …

§578-14 Record of adoption. (a) A certified copy of the decree of adoption, or a certified abstract thereof on a form approved by the department of health, after the decree has become effective, shall be sent to the department. The department shall cause to be made a new record o…

§578-14.5 Medical information on the natural parents of the adopted minor child. (a) The department of health shall prepare a standard form entitled, "medical information form", for the purpose of perpetuating medical information on the natural parents of the adopted minor child.…

§578-15 Secrecy of proceedings and records. (a) The records in adoption proceedings, after the petition is filed and before the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or any …

§578-16 Effect of adoption. (a) A legally adopted individual shall be considered to be a natural child of the whole blood of the adopting parent or parents as provided in the Uniform Probate Code, relating to the descent of property. (b) The former legal parent or parents of an a…

§578-17 Guardian ad litem. Upon a finding by the court, in any stage of a proceeding under this chapter, that the best interests of a child whose adoption is sought herein will be served by the appointment of a guardian ad litem for said child, the court may appoint a guardian ad…

[§578-18] Interpretation of words to be gender-neutral. With regard to the rights, benefits, protections, and responsibilities of persons set forth in this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", or similar terms, shall be construe…

§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: (1) The birthing pa…

§578-3 Custody of child pendente lite. At any stage of the proceeding subsequent to the filing of the petition and prior to the entry of a decree, the court, upon a showing that the best interests of the child will be served thereby, may order that the petitioner or petitioners s…

§578-4 Notice to resident nonconsenting legal parent whose rights have not been terminated. If a legal parent to whom notice must be given as aforesaid is within the State, a summons issuing under the seal of the court and containing a notification as to the time and place of hea…

§578-5 Same; proof of. A return of service of the summons shall be made by the serving officer in the manner prescribed by section 634-22, and be similarly effective. [L 1919, c 3, pt of §1; RL 1925, §3036; RL 1935, §4522; RL 1945, §12273; RL 1955, §331-5; HRS §578-5]

§578-6 Notice to nonresident or unlocated nonconsenting legal parent whose rights have not been terminated. If a legal parent to whom notice must be given as aforesaid was never an inhabitant of the State, or has removed therefrom, or if, after due diligence, the parent cannot be…

§578-7 Substituted or constructive service. Upon the filing of the affidavit referred to in section 578-6, the court may order service of the notice prescribed in sections 578-2 and 578-4 to be made as follows: (1) Personal service or service by registered mail without the State.…

§578-8 Hearing; investigation; decree. (a) No decree of adoption shall be entered unless a hearing has been held at which the petitioner or petitioners, and any legal parent married to a petitioner, and any subject of the adoption whose consent is required, have personally appear…

§578-9 Custody of minor child after decree and before adoption. The decree may provide that, during the period, if any, between the entry thereof and the effective date of adoption, the care, custody, and control of a minor child be given to the petitioner or petitioners, who, in…

PART I. GENERAL PROVISIONS §580-1 Jurisdiction; hearing. (a) Exclusive original jurisdiction in matters of annulment and separation, subject to section 603-37 as to change of venue, and subject also to appeal according to law, is conferred upon the family court of the circuit in …

§580-10 Restraining orders; appointment of master. (a) When a complaint for annulment, divorce, or separation is filed in this State, on an application by either party, supported by affidavit or a statement made under penalty of perjury, the court, without a hearing, shall: (1) O…

[§580-10.5] Automatic restraining order. (a) Notwithstanding section 580-10, each party to a complaint for annulment, divorce, or separation shall automatically be subject to a restraining order that shall be effective with regard to the plaintiff upon the filing of the complaint…

§580-11 Care, custody, education, and maintenance of children pendente lite. During the pendency of any action for divorce or separation the court may make such orders concerning the care, custody, education, and maintenance of the minor children of the parties to the action as l…

§580-12 Sequestration of property. All property within the State of a party to a matrimonial action may by order of the court be sequestered and applied to the payment of any allowance in such action by the court for the support and maintenance of either spouse or for the support…

§580-13 Security and enforcement of maintenance and alimony. Whenever the court makes an order or decree requiring a spouse to provide for the care, maintenance, and education of children, or for an allowance to the other spouse, the court may require the person subject to such o…

§580-15 County attorneys to represent court. The county attorneys of Maui and Kauai and the corporation counsels of the city and county of Honolulu and the county of Hawaii, within their respective counties, shall, when and to the extent authorized by their respective county gove…

[§580-16] Divorce decree, support order; social security number. The social security number of any individual who is party to a divorce decree or subject to a support order issued under this chapter shall be placed in the records relating to the matter. [L 1997, c 293, §7]

[§580-17] Domestic violence intervention. Notwithstanding chapter 706 or any other law to the contrary, any sentence for domestic violence intervention specified by section 580-10 shall be imposed by the court, with or without probation. [L 2022, c 43, §2]

[§580-18] Interpretation of words to be gender-neutral. With regard to the rights, benefits, protections, and responsibilities of persons set forth under this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", "aunt", "uncle", "niece", "nephe…

§580-2 Commencement of action; summons. An action for annulment, divorce, or separation is commenced by filing a complaint with the court, which complaint shall be signed and sworn to by the applicant and shall set forth sufficient facts to constitute a claim for relief. Upon the…

PART II. ANNULMENT §580-21 Grounds for annulment. The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage: (1) That the parties stood in relation to each other of ancestor and descendan…

§580-22 Nonage. An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall…

§580-23 Former spouse living. A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse. [CC 1859, §1315; RL 1925,…