Hawaii surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Hawaii?

Yes. Since there are no laws prohibiting surrogacy, it is considered legal and courts are generally favorable to cases involving surrogacy.

Is Traditional Surrogacy Legal in Hawaii?

Yes. Yes. Similar to gestational surrogacy, since Hawaii doesn’t have any laws outlawing surrogacy, traditional surrogacy is considered legal by the courts.

Traditional surrogate journeys are rare; however, because in these cases, the surrogate is the biological mother of the child and courts may favor the biological mother and grant her parental rights.  Due to the risks associated with pursuing this path, most all attorneys will not complete a traditional surrogacy in Hawaii.

Is Compensated Surrogacy Legal in Hawaii?

Yes. Since there are no laws prohibiting compensated surrogacy, it is considered legal; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted.  In addition to a surrogate’s base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Hawaii Surrogacy Contract

Surrogacy contracts in Hawaii, and every other state, must be created by surrogate attorneys; intended parents and surrogates work with separate surrogacy attorneys to ensure both parties’ interests and rights are protected.  These attorneys will negotiate a contract that addresses the following:

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations
• Other financial information, like coverage of medical expenses
• And more

Once the contract is agreed upon, signed by both parties, and executed, the medical process of surrogacy can begin.

Determining Legal Parentage in Hawaii

In Hawaii, legal parentage is declared after the birth of the child born through surrogacy because courts in this state usually do not issue pre-birth orders.  Intended parents who are genetically related to the child can obtain a post-birth order.  Any unrelated parents; however, regardless of the marital status, will need to complete an adoption after birth.

If neither of the intended parents is genetically related to their child born through surrogacy, they will not be granted a post-birth order and will need to adopt their child after birth. There may be additional steps, depending on the situation, so it is important to consult with an experienced attorney before beginning your journey.