RELATING TO PARENTAGE.

HB1193

HOUSE OF REPRESENTATIVES

H.B. NO.

1193

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to parentage
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The
legislature finds that the State's existing parentage laws need to be updated
to include current concepts of families, parenthood, conception, gestation, and
parental rights.
�
The legislature further
finds that the Uniform Parentage Act of 2017, among other things, ensures the
equal treatment of children born to same-gender couples, adds an additional
status of functional parent as a legal parent, and includes provisions that
reflect developments in surrogacy and assisted reproductive technology.

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Accordingly, the purpose of this Act is to
adopt portions of the Uniform Parentage Act of 2017 to update existing law.

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SECTION 2.
�

The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

uniform parentage act

Part i.
�

General provisions

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�
-101
�
Short
title
.
�
This chapter may be
cited as the Uniform Parentage Act.

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�
-102
�
Definitions.
�
As used in this chapter:

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"Acknowledged parent" means an
individual who has established a parent-child relationship under part IV.

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"Adjudicated genetic parent"
means an individual who, after

genetic
testing, has been adjudicated to be a parent of a child by a court with
jurisdiction.

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"Adjudicated parent" means an
individual who has been adjudicated to be a parent of a child by a court with
jurisdiction.

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"Alleged genetic parent" means an
individual who is alleged to be, or alleges that the individual is, a genetic
parent or possible genetic parent of a child whose parentage has not been
adjudicated.
�
The term does not include a
presumed parent; an individual whose parental rights have been terminated or
declared not to exist; or a donor.

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"Assisted reproduction" means a
method of causing pregnancy other than sexual intercourse.
�
The term includes intrauterine or
intracervical insemination, donation of gametes, donation of embryos, in vitro
fertilization and transfer of embryos, and intracytoplasmic sperm injection.

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"Birth" includes, but is not
limited to stillbirth.

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"Birthing
center" means any facility, other than a hospital or facility associated
with a hospital, that provides maternity services.

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"Birthing
hospital" means any hospital with licensed obstetric-care units, any
hospital licensed to provide obstetric services, or any licensed birthing
center associated with a hospital.

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"Child"
means an individual of any age whose parentage may be determined under this
chapter.

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"Child support enforcement
agency" means the state agency created pursuant to chapter 576D.

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"Combined
relationship index" means the product of all tested relationship indices.

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"Determination
of parentage" means establishment of a parent-child relationship by a
judicial or administrative proceeding or signing of a valid acknowledgment of
parentage under part IV.

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"Donor" means an individual who
provides gametes or embryos intended for use in assisted reproduction, whether
or not for consideration.
�
The term does
not include a parent under part VIII, an intended parent under part IX, or an
individual who gives birth to a child conceived by assisted reproduction,
except as otherwise provided in part IX.

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"Embryo" means the fertilized
product of a sperm and egg, including the zygote stage of early embryo
development after fertilization.

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"Ethnic or racial group" means
for the purpose of genetic testing, a recognized group that an individual
identifies as the individual's ancestry or part of the individual's ancestry or
that is identified by other information.

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"Fertility clinic" means a
medical facility that specializes in diagnosing and treating infertility and
the use of assisted reproductive technology.

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"Functional parent" means an
individual who meets the criteria set out in -603(d).

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"Gamete" means sperm, egg, or any
part of a sperm or egg.

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"Genetic parent" means an
individual whose relationship to a child has been determined by genetic testing
or based on a statement by the physician who oversaw the in vitro process by
which the embryo was created and transferred.

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"Genetic testing" means an
analysis of genetic markers to identify or exclude a genetic relationship.

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"Hypothesized genetic
relationship" means an asserted genetic relationship between an individual
and a child.

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"Individual" means a natural
person of any age.

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"Intended parent" means an
individual, married or unmarried, who manifests an intent to be legally bound
as a parent of a child conceived by assisted reproduction or by entering into a
surrogacy agreement.

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"Parent" means an individual who
has established a parent‑child relationship under section
-301.

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"Parentage" or "parent-child
relationship" means the legal relationship between a child and a parent of
the child.

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"Presumed parent" means an
individual who under section -303 is presumed to be a parent
of a child, unless the presumption is overcome in a judicial proceeding, a
valid denial of parentage is made under part VI, or a court adjudicates the
individual to be a parent.

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"Probability of parentage" means,
for the ethnic or racial group to which an individual alleged to be a parent
belongs, the probability that a hypothesized genetic relationship is supported,
compared to the probability that a genetic relationship is supported between
the child and a random individual of the ethnic or racial group used in the
hypothesized genetic relationship, expressed as a percentage incorporating the
combined relationship index and a prior probability.

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"Record" means information that
is written or printed, or that is stored in an electronic or other medium and
is retrievable in a perceivable form.

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"Relationship index" means a
likelihood ratio that compares the probability of a genetic marker given a
hypothesized genetic relationship and the probability of the genetic marker
given a genetic relationship between the child and a random individual of the
ethnic or racial group used in the hypothesized genetic relationship.

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"Sign" means, with present intent
to authenticate or adopt a record, to execute or adopt a tangible symbol, or to
attach or logically associate with the record an electronic symbol, sound, or
process.

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"Signatory" means an individual
who signs a record.

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"Transfer" means a procedure for
assisted reproduction by which an embryo or sperm is placed within the
reproductive tract of the individual who will give birth to the child.

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"Witnessed" means that at least
one individual who is authorized to sign has signed a record to verify that the
individual personally observed a signatory sign the record.

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�
-103
�
Uniformity
of application and construction
.
�
This
chapter shall be applied and construed to effectuate its general purpose to
make uniform the law with respect to the subject of this chapter among states
enacting it.

PART II.
�

JURISDICTION

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�
-201
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Jurisdiction;
venue
.
�
(a)
�
Without
limiting the jurisdiction of any other court, the family court shall have
jurisdiction over an action brought under this chapter, chapter 583A, or
chapter 576B.
�
The action may be joined
with an action for divorce, annulment, separate maintenance, or support.

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(b)
�

An individual who has sexual intercourse, undergoes or consents to
assisted reproductive technology, or consents to an assisted reproductive or
surrogacy technology agreement in this State thereby submits to the
jurisdiction of the courts of this State as to an action brought under this
chapter with respect to a child who may have been conceived by that act of
intercourse or assisted reproductive technology, regardless of where the child
is born.
�
A court of this State with
jurisdiction to adjudicate parentage may exercise personal jurisdiction over a
nonresident individual, or a guardian or conservator of the individual, if the
conditions prescribed in section 576B-201 are satisfied.
�
In addition to any other method provided by
statute, personal jurisdiction over a resident and non-resident individual may
be acquired by personal service within or outside this State or by service by
certified or registered mail, postage prepaid, with return receipt requested.

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(c)
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In addition to any other method of service provided by statute or court
rule, if the respondent is not found within the circuit, service may be
effectuated by registered or certified mail, with request for a return receipt
and direction to deliver to addressee only.
�

The return receipt signed by the respondent shall be prima facie
evidence that the respondent accepted delivery of the complaint and summons on
the date set forth on the receipt.
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For
service effectuated by registered or certified mail, an electronic copy or
facsimile of the signature of the served individual or certified mailers
provided by the United States Postal Service shall constitute valid proof of
service on the individual.
�
Actual
receipt by the respondent of the complaint and summons sent by registered or
certified mail shall be the equivalent to personal service on the respondent by
an authorized process server as of the date of the receipt.

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(d)
�

If it appears that the respondent has refused to accept service by
registered or certified mail or is concealing the respondent's self or evading
service, or the petitioner does not know the address or residence of the
respondent and has not been able to ascertain the same after reasonable and due
inquiry and search, the court may authorize notice of the parentage action and
the time and date of hearing by publication or by any other manner that is
reasonably calculated to give the party actual notice of proceedings and an
opportunity to be heard, including the following:

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(1)
�
When
publication is authorized, the summons shall be published once a week for four
consecutive weeks in a publication of general circulation in the circuit.
�
The publication of general circulation shall
be designated by the court in the order for publication of the summons.
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Notice by publication shall have the same
force and effect as the individual having been personally served with the
summons; provided that the date of the last publication shall be set not less
than twenty-one days before the return date stated in the summons.
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Proof of service shall be satisfied by an
affidavit or declaration by the authorized representative for the publication
that the notice was given in the manner prescribed by the court;

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(2)
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When
posting to an online publication website is authorized, proof of service shall
be satisfied by an affidavit or declaration by the authorized representative
for the publication that the notice was given in the manner prescribed by the
court;

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(3)
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When
service by electronic mail or posting to a social networking account is
authorized, proof of service shall be satisfied by an affidavit or declaration
by the process server that the notice was given in the manner prescribed by the
court; and

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(4)
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When
service is made by posting to a public bulletin board, proof of service shall
be satisfied by an affidavit or declaration by the process server that the
notice was given in the manner prescribed by the court.

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(e)
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The action may be brought in the county in which:

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(1)
�
The
child, or any parent, alleged genetic parent, functional parent, or presumed
parent resides or is found;

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(2)
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The
child was born;

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(3)
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Proceedings
for probate of the parent's estate have been or could be commenced, if a parent
is deceased; or

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(4)
�
Assisted
reproductive technology was performed, or as specified in an assisted
reproduction or surrogacy agreement, if any.

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�
-202
�
Parentage
determinations from other states and territories.
�
Parentage determinations from other
states and territories, whether established through voluntary acknowledgement
or through administrative or judicial processes, shall be treated the same as a
parentage adjudication in this State.
�
A
determination addressing parentage only in another state shall not preclude a
court in this State from addressing other related issues.

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�
-203
�
Who
may bring action; when action may be brought; 16 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
representative of a deceased parent of the child, a personal representative of
a deceased individual who otherwise would be entitled to maintain a proceeding,
or the child support enforcement agency may bring an action for the purpose of
declaring the existence or nonexistence of a parent‑child relationship in
accordance with the following:

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(1)
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If
the child is the subject of an adoption proceeding, an action may be brought:

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(A)
�
Within
thirty days after the date of the child's birth in any case when a parent
relinquishes the child for adoption during the thirty-day period; or

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(B)
�
Any
time before the date of execution by a parent of a valid consent to the child's
adoption, or before placement of the child with adoptive parents;

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(2)
�
If
the child has not become the subject of an adoption proceeding, within three
years after the child reaches the age of majority or any time after that for
good cause; provided that any period of time during which the individual whose
parentage is to be adjudicated is absent from the State or is openly
cohabitating with a parent of the child or is contributing to the support of
the child, shall not be computed;

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(3)
�
This
section shall not extend the time within which a right of inheritance or a
right to a succession may be asserted beyond the time otherwise provided by law
relating to distribution and closing of decedents' estates or to the
determination of heirship; and

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(4)
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A
personal representative for purposes of this section may be appointed by the
court upon a filing of an ex parte motion by one of the parties entitled to
file a parentage action.
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Probate
requirements need not be met.
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Appointment
of a personal representative in this section is limited to representation in
proceedings under this chapter.

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(b)
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When an action is brought under this section, process shall issue in the
form of a summons and an order directed to the individual whose parentage of
the child is to be adjudicated, requiring each party to appear and to show
cause why the action should not be brought.
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The court, in its discretion, may waive a hearing on an uncontested
parentage complaint submitted by an individual who gave birth to a child, an
alleged genetic parent of the child, a presumed parent of the child, or a
functional parent of the child with proof provided by affidavit.

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If, at any stage of the proceedings, there
appears probable cause to believe that the individual whose parentage of the
child is to be adjudicated will fail to appear in response to the summons or
will flee the jurisdiction of the court, the court may issue a warrant directed
to the sheriff, deputy sheriff, or any police officer within the circuit,
requiring the individual to be arrested and brought for pre-trial proceedings
before the family court.
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Upon the
pre-trial proceedings, the court may require the individual to enter into bond
with good sureties to the State in a sum to be fixed by the court for each
individual's appearance and the trial of the proceeding in the family court.
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If the individual whose parentage of the
child is to be adjudicated fails to give the bond required, the court may
immediately commit that individual to the custody of the chief of police of the
county, there to remain until that individual enters into the required bond or
otherwise is discharged by due process of law.
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If the individual whose parentage of the child is to be adjudicated
fails to appear in any proceeding under this chapter, any bond for that
individual's appearance in any proceeding under this chapter shall be
forfeited; provided that the trial of, or other proceedings in, the action
shall proceed as though that individual were present, and the court shall make
orders as it deems proper upon the findings as though that individual were in
court.

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In case of forfeiture of any appearance
bond, the money collected upon the forfeiture shall be applied in payment of
the judgment against the individual if they are adjudicated to be a parent
under this chapter.

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(c)
�

Regardless of its terms, an agreement, other than an agreement approved
by the court in accordance with section ‑502(a)(2),
between a parent and the individual whose parentage of the child is to be
adjudicated shall not bar an action under this section.

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(d)
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Except as otherwise provided in section -910, if an
action under this section is brought before the birth of the child, all
proceedings shall be stayed until after the birth except service of process and
the taking of depositions to perpetuate testimony.

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(e)
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Subject to the requirements of section -303(a), with
respect to a child who was not conceived through assisted reproduction, where a
married individual has not had sexual contact with the married individual's
spouse nor resided in the same house with the spouse for at least three hundred
days before the birth of the child and the spouse cannot be contacted after due
diligence, the court may accept an affidavit by the married individual,
attesting to the married individual's diligent efforts to contact the married
individual's spouse and providing clear and convincing evidence to rebut the
presumption of the parentage of the subject child, and upon the court's
satisfaction, notice of the spouse may be waived and the spouse need not be
made a party in the parentage proceedings.
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The court, after receiving evidence, may also enter a finding of
non-parentage of the spouse.

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(f)
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With respect to a child who was not conceived through assisted
reproduction, where a married individual has not had sexual contact with the
married individual's spouse nor resided in the same house with the spouse for
at least three hundred days before the birth of the child, and the biological
parent is known, parentage in the married spouse may be disestablished by
submission of affidavits of both spouses and the biological parent stating the
name and birthdate of the child and acknowledgement that the spouse is not the
parent and that the biological parent should be adjudicated as the legal
parent.

PART III.
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PARENT-CHILD RELATIONSHIP

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�
-301
�
Establishment
of parent-child relationship.
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A
parent-child relationship is established between an individual and a child if:

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(1)
�
The
individual gives birth to the child, except as otherwise provided in part IX;

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(2)
�
There
is a presumption under section -303 of the individual's
parentage of the child, unless the presumption is overcome in a judicial
proceeding or a valid denial of parentage is made under part VI;

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(3)
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The
individual is adjudicated a parent of the child under part V;

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(4)
�
The
individual adopts the child;

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(5)
�
The
individual acknowledges parentage of the child under part IV, unless the
acknowledgment is rescinded under section -403(f) or
successfully challenged under part IV or V;

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(6)
�
The
individual's parentage of the child is established under part VIII; or

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(7)
�
The
individual's parentage of the child is established under part IX.

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�
-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.

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�
-303
�
Presumption
of parentage.
�
(a)
�
An
individual is presumed to be a parent of a child if:

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(1)
�
Except
as otherwise provided under part IX or the law of this State other than this
chapter:

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(A)
�
The
prospective presumed parent and the individual who gave birth to the child are
married to each other and the child is born during the marriage, regardless of
whether the marriage is or could be declared invalid and regardless of the
gender of the two individuals;

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(B)
�
The
prospective presumed parent and the individual who gave birth to the child were
married to each other and the child is born no later than three hundred days
after the marriage is terminated by death, divorce, annulment, or after a
decree of separation, regardless of whether the marriage is or could be
declared invalid; or

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(C)
�
The
prospective presumed parent and the individual who gave birth to the child
married each other after the birth of the child, regardless of whether the
marriage is or could be declared invalid, the prospective presumed parent at
any time asserted parentage of the child, and:

�������������
(i)
�
The assertion is in an acknowledgment of parentage as defined in
part IV that is filed with the department of health; or

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(ii)
�
The prospective presumed parent agreed to be and is named as a
parent of the child on the birth certificate of the child;

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(2)
�
The
individual resided in the same household with the child before the child
reaching the age of majority, and openly held out the child as the individual's
child; or

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(3)
�
Pursuant
to section -702, the prospective presumed parent submits to
court-ordered genetic testing and the results, as stated in a report prepared
by the testing laboratory, do not exclude the possibility of the prospective
presumed parent's parentage of the child; provided that the results of the
testing disclose the individual has at least a ninety-nine per cent probability
of parentage, using a prior probability of .50 as calculated by using the
combined relationship index obtained in the testing, and a combined
relationship index of at least one hundred to one.

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(b)
�

A presumption of parentage under this section may be overcome, and
competing claims to parentage may be resolved, only by an adjudication under
part V or VI or a valid denial of parentage under part VI.

PART IV.
�

VOLUNTARY ESTABLISHMENT OF PARENTAGE

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�
-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 functional parent may sign an acknowledgment of
parentage to establish the parentage of the child.

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�
-402
�
Execution
of acknowledgement of parentage.
�
(a)
�
An
acknowledgment of parentage under section -401 shall:

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(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
that the signatures shall be attested by a notarial officer or witnessed;

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(2)
�
State
that the child whose parentage is being acknowledged:

���������
(A)
�
Does
not have a presumed parent other than the individual seeking to establish the
parent-child relationship; and

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(B)
�
Does
not have another acknowledged parent or adjudicated parent, or individual who
is a parent of the child under part VIII or IX other than the individual who
gave birth to the child; and

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(3)
�
State
that the signatories understand that the acknowledgment is the equivalent of an
adjudication of parentage of the child and that a challenge to the
acknowledgment is permitted only under limited circumstances and is barred two
years after the effective date of the acknowledgment.

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(b)
�

An acknowledgment of parentage shall be void if, at the time of signing:

����
(1)
�
An
individual other than the individual seeking to establish parentage is a
presumed parent; or

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(2)
�
An
individual, other than the individual who gave birth to the child or the
individual seeking to establish parentage, is an acknowledged or adjudicated
parent or a parent under part VIII or IX.

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�
-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
voluntarily acknowledge the parentage of a child during the period immediately before
or following the child's birth; provided that an individual who is a presumed
parent under section -303(a)(1)(C) or section
-303(a)(2) may only submit that individual's voluntary
acknowledgment directly to the department of health.
�
The voluntary acknowledgment of parentage
shall be in writing and shall consist of a single form signed under oath, by
the individual who gave birth to the child, the individual seeking to establish
a parent-child relationship, and a witness.
�
The voluntary acknowledgment of parentage form
shall include the social security numbers, dates of birth, places of birth, and
ethnic backgrounds of each signatory.
�
An
electronic version of the voluntary acknowledgement of parentage form may be
used.

����
(b)
�
Before
the signing of the voluntary acknowledgment of parentage form, designated staff
members of a facility at which a voluntary acknowledgment may be submitted
shall provide to both the individual who gave birth to the child and the other
signatory, if either are present at the facility:

����
(1)
�
Written
materials regarding parentage establishment;

����
(2)
�
Forms
necessary to voluntarily acknowledge parentage;

����
(3)
�
Oral,
video, audio, or written descriptions of the alternatives to, the legal
consequences of, and the rights and responsibilities of acknowledging
parentage, including, if one parent is a minor, any right afforded due to
minority status; and

����
(4)
�
The
opportunity to speak with staff, either by telephone or in person, who are
trained to clarify information and answer questions about parentage
establishment.

����
(c)
�

The completed voluntary acknowledgment forms shall clearly identify the
name and position of the staff member who provides information to the parents
regarding parentage establishment.
�
The
provision by designated staff members of the facility of the information
required by this section shall not constitute the unauthorized practice of
law.
�
Birthing facility staff, midwives,
and department of health staff shall not be subject to civil, criminal, or
administrative liability for a negligent act or omission relative to the
accuracy of the information provided or for filing the declaration with the
appropriate state or local agencies.
�

Each facility shall send to the department of health the original
acknowledgment of parentage form, or an electronic version, containing the
social security numbers, dates of birth, places of birth, and ethnic
backgrounds of both signatories, with any other information required by the
department of health so that the birth certificate issued includes the names of
the signatories.
�
The birth certificate
shall be promptly recorded by the department of health.

����
(d)
�

The child support enforcement agency shall:

����
(1)
�
Provide
to any individual or facility the necessary:

���������
(A)
�
Materials
and forms and a written description of the rights and responsibilities related
to voluntary acknowledgment of parentage; and

���������
(B)
�
Training,
guidance, and written instructions regarding voluntary acknowledgment of
parentage;

����
(2)
�
Annually
assess each facility's parentage establishment program; and

����
(3)
�
Determine
if a voluntary acknowledgment has been filed with the department of health
whenever it receives an application for parentage establishment services.

����
(e)
�

Notwithstanding sections 338-17.7 and 338-18(b), the department of
health shall disclose to the child support enforcement agency, upon request,
all voluntary acknowledgment of parentage forms on file with the department of
health.

����
(f)
�

The signed voluntary acknowledgment of parentage shall constitute a
legal finding of parentage, subject to the right of any signatory to rescind
the acknowledgment:

����
(1)
�
Within
sixty days of signature; or

����
(2)
�
Before
the date of an administrative or judicial proceeding relating to the child,
including a proceeding to establish a support order to which the signatory is a
party,

whichever is
sooner.

����
(g)
�

Following the sixty-day period pursuant to subsection (f), a signed
voluntary acknowledgment of parentage may be challenged in court only on the
basis of fraud, duress, or material mistake of fact, with the burden of proof
on the challenger.
�
The legal
responsibilities of any signatory arising from the acknowledgment, including
child support obligations, shall not be suspended during the challenge, except
for good cause shown.

����
(h)
�

The courts and office of child support hearings of this State shall give
full faith and credit to affidavits for the voluntary acknowledgment of
parentage signed in any other state and made in compliance with the law of that
state, and these affidavits shall constitute legal findings of parentage
subject to subsections (f) and (g).

����
(i)
�

Judicial and administrative proceedings shall not be required or
permitted to ratify an unchallenged acknowledgment of parentage.
�
A voluntary acknowledgment of parentage signed
by the individuals and filed with the department of health shall be the basis
for establishing and enforcing a support obligation through a judicial or
administrative proceeding.

PART V.
�

PROCEEDING TO ADJUDICATE PARENTAGE

����
�
-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 hearing.
�
A record of the proceeding
or any portion thereof shall be kept if any party requests, or the court
orders.
�
Rules of evidence need not be
observed.

����
(b)
�

The court, in its discretion, may waive a hearing on an uncontested
parentage complaint submitted by an individual who gave birth to a child, an
alleged genetic parent of the child, a presumed parent of the child, or a
functional parent of the child with proof provided by affidavit.

����
�
-502
�
Pretrial
recommendations.
�
(a)
�
On
the basis of the information produced at the pretrial hearing held pursuant to
section -501, the judge conducting the hearing shall evaluate
the probability of determining the existence or nonexistence of the
parent-child relationship in a trial and whether a judicial declaration of the
relationship would be in the best interest of the child pursuant to section
571-46(b).
�
On the basis of the
evaluation, an appropriate recommendation for settlement shall be made to the
parties, which may include any of the following:

����
(1)
�
That
the action be dismissed with or without prejudice;

����
(2)
�
That
the matter be compromised by an agreement among the birth parent and the
individual who is seeking to have parentage adjudicated, and the child, in
which the individual seeking to be adjudicated to be a parent is not
adjudicated to be a parent but in which a defined economic obligation is
undertaken in favor of the child and, if appropriate, in favor of the parent,
subject to approval by the judge conducting the hearing.
�
In reviewing the obligation undertaken by the
individual whose parentage is to be adjudicated in a compromise agreement, the
judge conducting the hearing shall consider the best interest of the child, in
light of the factors enumerated in section 576D‑7(a), discounted by the
improbability, as it appears to the judge, of establishing the parentage or
nonparentage of the individual whose parentage is to be adjudicated in a trial
of the action; or

����
(3)
�
That
the individual whose parentage is to be adjudicated voluntarily acknowledges
parentage of the child.

����
(b)
�

If the parties accept a recommendation made in accordance with
subsection (a), judgment shall be entered accordingly.

����
(c)
�

If a party refuses to accept the final recommendation made under
subsection (a) and genetic tests have not been taken, the court may order the
parties to submit to genetic tests, if practicable.
�
Thereafter the judge shall make an
appropriate final recommendation.
�
If a
party refuses to accept the final recommendation, the action shall be set for
trial.

����
(d)
�

A guardian ad litem appointed for the child may accept or refuse to
accept a recommendation under this section.

����
(e)
�

The pretrial hearing may be terminated and the action set for trial if
the judge conducting the hearing finds it unlikely that all parties would
accept a recommendation the judge may make under subsection (a) or (c).

����
�
-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
competent to testify and may be compelled to testify; provided that no criminal
prosecution, other than a prosecution for perjury, shall afterwards be
commenced against the individual who gave birth to the child or the individual
whose parentage is to be adjudicated on account of any transaction, matter, or
thing concerning which they may testify or produce evidence under this chapter,
documentary or otherwise.
�
Part VII shall
apply in any action brought under this chapter.

����
(b)
�

Testimony relating to sexual access to the individual who gave birth to
the child by an unidentified person at any time or by an identified person at a
time other than the probable time of conception of the child shall be
inadmissible in evidence, unless offered by the individual who gave birth to
the child.

����
(c)
�

Notwithstanding the limitation on the admission of evidence stated in
subsection (b), evidence offered with respect to an individual who is not
subject to the jurisdiction of the court concerning sexual intercourse or
assisted reproduction with the individual who gave birth to the child at or
about the probable time of conception of the child shall be admissible in
evidence only if the individual offering the evidence has undergone and made
available to the court genetic tests, including genetic tests the results of
which do not exclude the possibility of the individual's parentage of the
child.

����
�
-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, the court shall order that a new birth certificate be issued
pursuant to section -510.

����
(c)
�

The judgment or order may contain any other provision directed against
the appropriate party to the proceeding, concerning the duty of support, the
custody and guardianship of the child, visitation privileges with the child,
the furnishing of bond or other security for the payment of the judgment, or
any other matter in the best interest of the child.
�
Upon neglect or refusal to give this
security, or upon default of a parent or a parent's surety in compliance with
the terms of the judgment, the court may order the forfeiture of the security
and the application of the proceeds thereof toward the payment of any sums due
under the terms of the judgment and may also sequester a parent's personal
estate, and the rents and profits of a parent's real estate, and may appoint a
receiver thereof, and may cause a parent's personal estate, including any
salaries, wages, commissions, or other moneys owed to the parent and the rents
and profits of the parent's real estate, to be applied toward the meeting of
the terms of the judgment, to the extent that the court, from time to time,
deems just and reasonable.
�
The judgment
or order may direct a parent to pay the reasonable expenses of the pregnancy
and birth, including but not limited to medical insurance premiums, such as
for
�
MedQuest, that cover the periods of
pregnancy and childbirth.
�
The court may
further order the noncustodial parent to reimburse the custodial parent, the
child, or any public agency for reasonable expenses incurred before entry of
judgment, including support, maintenance, education, and funeral expenses
expended for the benefit of the child.

����
(d)
�

Support judgments or orders ordinarily shall be for periodic payments
that may vary in amount.
�
In the best
interest of the child, a lump sum payment or the purchase of an annuity may be
ordered in lieu of periodic payments of support.
�
The court may limit the obligor parent's
liability for past support of the child to the proportion of the expenses
already incurred that the court deems just.

����
(e)
�

In determining the amount to be paid by a parent for support of the
child and the period during which the duty of support is owed, a court
enforcing the obligation of support shall use the guidelines established under
section 576D-7.
�
Provision may be made
for the support, maintenance, and education of an adult or minor child and an
incompetent adult child, whether or not the petition is made before or after
the child has attained the age of majority.

����
(f)
�

Whenever a parent of a child is a minor, unmarried, and not able to
provide full support, the court may order one or both parents of the minor to
support the child until the minor reaches the age of majority, is otherwise
emancipated, or is financially able to fully support the child, whichever
occurs first.
�
For the purposes of this
subsection:

����
(1)
�
The
judgment or order for support shall be made against the parent or parents of
the minor to the extent that the minor is unable to support the child;

����
(2)
�
The
resources, standard of living, and earning ability of the parent or parents of
the minor shall be considered under subsection (d) in determining the amount of
support; and

����
(3)
�
The
parent or parents of the minor shall be an obligor under this chapter and
chapter 571 and any action against the obligor to collect support may be
pursued against the parent or parents of the minor.

����
�
-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 pre-trial proceedings, including genetic tests, subject to section
-703, to be paid by the parties in proportions and at times
determined by the court.

����
�
-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 other proceedings by the other parent, the
child, the public authority that has furnished or may furnish the reasonable
expenses of pregnancy, childbirth, education, support, or funeral, or by any
other individual, including a private agency, to the extent the individual has
furnished or is furnishing these expenses.

����
(b)
�

The court may order support payments to be made to a parent or an adult
child, or through the child support enforcement agency as its rules permit, or
through an individual, corporation, or agency designated to administer support
payments for the benefit of the child under the supervision of the court.

����
(c)
�

Willful failure to obey the judgment or order of the court shall be a
civil contempt of the court.
�
All
remedies for the enforcement of judgments shall apply to this chapter.
�
When a court of competent jurisdiction issues
an order compelling a parent to furnish support, including child support,
medical support, or other remedial care, for the parent's child, it shall
constitute prima facie evidence of a civil contempt of court upon proof that:

����
(1)
�
The
order was made, filed, and served on the parent or proof that the parent was
present in court at the time the order was pronounced; and

����
(2)
�
The
parent did not comply with the order.

����
An order of civil contempt of court based
on prima facie evidence under this subsection shall clearly state that the
failure to comply with the order of civil contempt of court may subject the
parent to a penalty that may include imprisonment or, if imprisonment is
immediately ordered, the conditions that must be met for release from
imprisonment.
�
A party may also prove
civil contempt of court by means other than prima facie evidence under this
subsection.

����
�
-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 ‑504(c), -504(d),
and -506(b); provided that a court entering a judgment or
order for the payment of a lump sum or the purchase of an annuity under
section -504(d) may specify that the judgment or order may not
be modified or revoked.

����
(b)
�

In those cases where child support payments are to continue due to the
adult child's pursuance of education, the child support enforcement agency, at
least three months before the adult child's nineteenth birthday, shall send
notice by regular mail to the adult child and the custodial parent that
prospective child support will be suspended unless proof is provided by the
custodial parent or adult child, to the child support enforcement agency, before
the child's nineteenth birthday, that the child is presently enrolled as a
full-time student in school or has been accepted into and plans to attend as a
full-time student for the next semester a post-high school university, college,
or vocational school.
�
If the custodial
parent or adult child fails to do so, prospective child support payments may be
automatically suspended by the child support enforcement agency, hearings
officer, or court.
�
In addition, if
applicable, the child support enforcement agency, hearings officer, or court
may issue an order terminating existing assignments against the responsible
parent's income and income assignment orders.

����
(c)
�

The need to provide for the child's health care needs through health
insurance or other means shall be a basis for petitioning for a modification of
the support order.

����
�
-508
�
Hearings
and records; confidentiality.
�
(a)
�
Notwithstanding any other law concerning
public hearings and records, any hearing or trial held under this chapter shall
be held in closed court without admittance of any individual other than those
individuals necessary to the action or proceeding.
�
All papers and records pertaining to the
action or proceeding, whether part of the permanent record of the court or of a
file in the department of health or elsewhere, shall be subject to inspection
only upon consent of the court and all interested individuals; provided that
the court records under this chapter shall be sealed, so that the filings,
caption, party names, docket, and any information identifying the type of case
shall not be open for public inspection; provided further that in exceptional
cases the filings, caption, party names, docket, and any information
identifying the type of case may be made open for public inspection only upon
an order of the court for good cause shown.

����
(b)
�

Upon parentage being established, the confidentiality requirement shall
not extend to the judgment and all subsequently filed documents that are used
in good faith for support and medical expenses, insurance, or enforcement
purposes; provided that the confidentiality requirement shall continue to apply
to any references to a non-adjudicated alleged or presumed parent.

����
(c)
�

Subsections (a) and (b) shall only apply to cases under parts VIII and
IX and any other case under this chapter filed before January 1, 2021.

����
�
-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 that the judiciary shall redact information that has been made
confidential by any statute, rule of court, or court order; provided further
that, on request of a party and for good cause, the court may close a
proceeding and records to the public; provided further that the titles of all
court filings for the case and the contents of a final order shall be available
for public inspection, with other papers and records available for public
inspection only with the consent of the parties or by court order.

����
�
-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
-401, the department of health shall prepare a new
certificate of birth consistent with the findings of the court or in cases of
acknowledgment under section -401, consistent with the
acknowledgment, and shall substitute the new certificate for the original
certificate of birth.

����
(b)
�

The fact that a parent-child relationship was declared or acknowledged
after the child's birth shall not be ascertainable from the new certificate,
but the actual place and date of birth shall be shown.

����
(c)
�

The evidence upon which the new certificate was made and the original
birth certificate shall be kept in a sealed and confidential file and be
subject to inspection only upon consent of the court and all interested
individuals, or in exceptional cases only upon an order of the court for good
cause shown.

����
�
-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 the matter in compliance with any other court rule or law.

����
�
-512
�
Filing
of acknowledgments and adjudications with 15 department of health.
�
(a)
�

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 pursuant to section 576D‑6(a)(12).
�
Filing of the adjudications of parentage
shall be the responsibility of the natural parent or individual or agency as
the court shall direct.

PART
VI.
�
SPECIAL RULES FOR PROCEEDINGS

����
�
-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 adult; or

����
(2)
�
After
the child becomes an adult, but only if the child initiates the proceeding.

����
(b)
�

Except as otherwise provided by law, this subsection shall apply in a
proceeding described in subsection (a) if the individual who gave birth to the
child is the only other individual with a claim to parentage of the child.
�
The court shall adjudicate an alleged genetic
parent to be a parent of the child if the alleged genetic parent:

����
(1)
�
Is
identified under section -705 as a genetic parent of the
child and the identification is not successfully challenged under section -705;

����
(2)
�
Admits
parentage in a pleading, when making an appearance, or during a hearing; the
court accepts the admission; and the court determines the alleged genetic
parent to be a parent of the child;

����
(3)
�
Declines
to submit to genetic testing ordered by the court or the child support
enforcement agency, in which case the court may adjudicate the alleged genetic
parent to be a parent of the child even if the alleged genetic parent denies a
genetic relationship with the child;

����
(4)
�
Is
in default after service of process and the court determines the alleged
genetic parent to be a parent of the child; or

����
(5)
�
Is
neither identified nor excluded as a genetic parent by genetic testing and,
based on other evidence, the court determines the alleged genetic parent to be
a parent of the child.

����
(c)
�

If in a proceeding involving an alleged genetic parent at least one
other individual in addition to the individual who gave birth to the child has
a claim to parentage of the child, the court shall adjudicate parentage under section
-607, unless a valid denial of parentage is filed in
accordance with section -608.

����
�
-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 proceeding.

����
(b)
�

A presumption of parentage under section -303 cannot
be overcome after the child attains two years of age unless the court
determines:

����
(1)
�
The
presumed parent is not a genetic parent, never resided with the child, and
never held out the child as the presumed parent's child; or

����
(2)
�
The
child has more than one presumed parent.

����
(c)
�

Except as otherwise provided by law, the following rules shall apply in
a proceeding to adjudicate a presumed parent's parentage of a child if the
individual who gave birth to the child is the only other individual with a
claim to parentage of the child:

����
(1)
�
If
no party to the proceeding challenges the presumed parent's parentage of the
child, the court shall adjudicate the presumed parent to be a parent of the
child;

����
(2)
�
If
the presumed parent is identified under section

-705
as a genetic parent of the child and that identification is not successfully
challenged under section -705, the court shall adjudicate
the presumed parent to be a parent of the child; and

����
(3)
�
If
the presumed parent is not identified under section -705 as a
genetic parent of the child and the presumed parent or the individual who gave
birth to the child challenges the presumed parent's parentage of the child, the
court shall adjudicate the parentage of the child in the best interest of the
child based on the factors under sections -607(a) and
-607(b).

����
(d)
�

If in a proceeding to adjudicate a presumed parent's parentage of a
child, another individual in addition to the individual who gave birth to the
child asserts a claim to parentage of the child, the court shall adjudicate
parentage under section -607, unless a valid denial of
parentage is filed in accordance with section -608.

����
�
-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 child.

����
(b)
�

An individual who claims to be a functional parent of a child shall
commence a proceeding to establish parentage of a child under this section:

����
(1)
�
Before
the child attains eighteen years of age; and

����
(2)
�
While
the child is alive.

����
(c)
�

The following rules shall govern standing of an individual who claims to
be a functional parent of a child to maintain a proceeding under this section:

����
(1)
�
The
individual shall file an initial verified pleading alleging specific facts that
support the claim to parentage of the child asserted under this section.
�
The verified pleading shall be served on all
parents and legal guardians of the child and any other party to the proceeding;

����
(2)
�
An
adverse party, parent, or legal guardian may file a pleading in response to the
pleading filed under paragraph (1).
�
A
responsive pleading shall be verified and must be served on parties to the
proceeding; and

����
(3)
�
Unless
the court finds a hearing is necessary to determine disputed facts material to
the issue of standing, the court shall determine, based on the pleadings under
paragraphs (1) and (2), whether the individual has alleged facts sufficient to
satisfy by a preponderance of the evidence the requirements of subsection
(d).
�
If the court holds a hearing under
this subsection, the hearing shall be held on an expedited basis.

����
(d)
�

In a proceeding to adjudicate parentage of an individual who claims to
be a functional parent of the child, if there is only one other individual who
is a parent or has a claim to parentage of the child, the court shall
adjudicate the individual who claims to be a functional parent to be a parent
of the child if the individual demonstrates by clear and convincing evidence
that:

����
(1)
�
The
individual resided with the child as a regular member of the child's household
for a significant period;

����
(2)
�
The
individual engaged in consistent caretaking of the child;

����
(3)
�
The
individual undertook full and permanent responsibilities of a parent of the
child without expectation of financial compensation;

����
(4)
�
The
individual held out the child as the individual's child;

����
(5)
�
The
individual established a bonded and dependent relationship with the child which
is parental in nature;

����
(6)
�
Another
parent of the child fostered or supported the bonded and dependent relationship
required under paragraph (5); and

����
(7)
�
Continuing
the relationship between the individual and the child is in the best interest
of the child.

����
(e)
�

Subject to other limitations in this part, if in a proceeding to
adjudicate parentage of an individual who claims to be a functional parent of
the child, there is more than one other individual who is a parent or has a
claim to parentage of the child and the court determines that the requirements
of subsection (d) are satisfied, the court shall adjudicate parentage under
section -607, unless a valid denial of parentage is filed in accordance with
section -608.

����
�
-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, is
governed by section -403(g).

����
(b)
�

If a child has an acknowledged parent, the following rules apply in a
proceeding to challenge the acknowledgment of parentage brought by an
individual, other than the child, who has standing under section -203
and was not a signatory to the acknowledgment:

����
(1)
�
The
individual shall commence the proceeding no later than two years after the
effective date of the acknowledgment, unless good cause is shown;

����
(2)
�
The
court may permit the proceeding only if the court finds permitting the
proceeding is in the best interest of the child pursuant to section 571-46(b);
and

����
(3)
�
If
the court permits the proceeding, the court shall adjudicate parentage under
section -607.

����
�
-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 -201, shall be governed by the rules governing
a collateral attack on a judgment.

����
(b)
�

If a child has an adjudicated parent, the following rules apply to a
proceeding to challenge the adjudication of parentage brought by an individual,
other than the child, who has standing under section -203 and
was not a party to the adjudication and did not receive notice under section
-201:

����
(1)
�
The
individual shall commence the proceeding no later than two years after the
effective date of the adjudication, unless good cause is shown;

����
(2)
�
The
court may permit the proceeding only if the court finds permitting the
proceeding is in the best interest of the child pursuant to section 571-46(b);
and

����
(3)
�
If
the court permits the proceeding, the court shall adjudicate parentage under
section -607.

����
�
-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 VIII, the court shall adjudicate the individual to be a
parent of the child.

����
(b)
�

In a proceeding to adjudicate an individual's parentage of a child under
this section, if another individual other than the individual who gave birth to
the child is a parent under part VIII, the court shall adjudicate the
individual's parentage of the child under section -607.

����
�
-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 ‑602, -603,
-604, or -605 to parentage of a child by
two or more individuals, the court shall adjudicate parentage in the best
interest of the child, based on:

����
(1)
�
The
age of the child;

����
(2)
�
The
length of time during which each individual assumed the role of parent of the
child;

����
(3)
�
The
nature of the relationship between the child and each individual;

����
(4)
�
The
harm to the child if the relationship between the child and each individual is
not recognized;

����
(5)
�
The
basis for each individual's claim to parentage of the child; and

����
(6)
�
Other
equitable factors arising from the disruption of the relationship between the
child and each individual or the likelihood of other harm to the child.

����
(b)
�

If an individual challenges parentage based on the results of genetic
testing, in addition to the factors listed in subsection (a), the court shall
consider:

����
(1)
�
The
facts surrounding the discovery that the individual might not be a genetic
parent of the child; and

����
(2)
�
The
length of time between the time that the individual was placed on notice that
the individual might not be a genetic parent and the commencement of the
proceeding.

����
(c)
�

The court may adjudicate a child to have more than two parents under
this chapter if the court finds that failure to recognize more than two parents
would be detrimental to the child.
�
A
finding of detriment to the child shall not require a finding of unfitness of
any parent or individual seeking an adjudication of parentage.
�
In determining detriment to the child, the
court shall consider all relevant factors, including the harm if the child is
removed from a stable placement with an individual who has fulfilled the
child's physical needs and psychological needs for care and affection and has
assumed the role for a substantial period.

����
�
-608

�
Denial
of Parentage
.
�
A presumed
parent or alleged genetic 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 have
that other individual's parentage of the child established under this part, and
the agreement is in an affidavit filed with the court;

����
(2)
�
The
signature of the presumed parent or alleged genetic parent is attested by a notarial
officer or witnesses; and

����
(3)
�
The
presumed parent or alleged genetic parent has not previously:

���������
(A)
�
Completed
a valid acknowledgement of parentage, unless the previous acknowledgment was
rescinded under section -403(f) or challenged successfully
under section -403(g); or

���������
(B)
�
Been
adjudicated to be a parent of the child.

PART VII.
�

GENETIC TESTING

����
�
-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 order of the court or the child support enforcement agency.

����
(b)
�

Genetic testing may not be used:

����
(1)
�
To
challenge the parentage of an individual who is a parent under part VIII or IX;
or

����
(2)
�
To
establish the parentage of an individual who is a donor.

����
�
-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 testing is supported by the sworn statement
of a party:

����
(1)
�
Alleging
a reasonable possibility that the individual is the child's genetic parent; or

����
(2)
�
Denying
genetic parentage of the child and stating facts establishing a reasonable
possibility that the individual is not a genetic parent.

����
(b)
�

The child support enforcement agency may order genetic testing only if
there is no presumed, acknowledged, or adjudicated parent of a child other than
the individual who gave birth to the child.

����
(c)
�

The court or the child support enforcement agency may not order in utero
genetic testing.

����
(d)
�

If two or more individuals are subject to court‑ordered genetic
testing, the court may order that testing be completed concurrently or
sequentially.

����
(e)
�

Genetic testing of an individual who gave birth to a child is not a
condition precedent to testing of the child and an individual whose genetic
parentage of the child is being determined.
�

If the individual who gave birth to the child is unavailable or declines
to submit to genetic testing, the court may order genetic testing of the child
and each individual whose genetic parentage of the child is being adjudicated.

����
(f)
�

In a proceeding to adjudicate the parentage of a child having a presumed
parent or an individual who claims to be a parent under section
-602, or to challenge an acknowledgment of parentage, the
court may deny a motion for genetic testing of the child and any other
individual after considering the factors in section -607(a)
and (b).

����
(g)
�

If an individual requesting genetic testing is barred under section
-403(g), -604(b), or
-605(b) from establishing the individual's parentage, the
court shall deny the request for genetic testing.

����
(h)
�

An order under this section for genetic testing shall be enforceable by
contempt.

����
�
-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 successor
to its functions; or

����
(2)
�
An
accrediting body designated by the Secretary of the United States Department of
Health and Human Services.

����
(b)
�

A specimen used in genetic testing may consist of a sample or a
combination of samples of blood, buccal cells, bone, hair, or other body tissue
or fluid.
�
The specimen used in the
testing need not be of the same kind for each individual undergoing genetic
testing.

����
(c)
�

Based on the ethnic or racial group of an individual undergoing genetic
testing, a testing laboratory shall determine the databases from which to
select frequencies for use in calculating a relationship index.
�
If an individual or the child support
enforcement agency objects to the laboratory's choice, the following rules
shall apply:

����
(1)
�
No
later than thirty days after receipt of the report of the test, the objecting
individual or the child support enforcement agency may request the court to
require the laboratory to recalculate the relationship index using an ethnic or
racial group different from that used by the laboratory;

����
(2)
�
The
individual or the child support enforcement agency objecting to the
laboratory's choice under this subsection shall:

���������
(A)
�
If
the requested frequencies are not available to the laboratory for the ethnic or
racial group requested, provide the requested frequencies compiled in a manner
recognized by accrediting bodies; or

���������
(B)
�
Engage
another laboratory to perform the calculations; and

����
(3)
�
The
laboratory may use its own statistical estimate if there is a question as to
which ethnic or racial group is appropriate.
�

The laboratory shall calculate the frequencies using statistics, if
available, for any other ethnic or racial group requested.

����
(d)
�

If, after recalculation of the relationship index under subsection (c)
using a different ethnic or racial group, genetic testing under section
-705 does not identify an individual as a genetic parent of a
child, the court may require an individual who has been tested to submit to
additional genetic testing to identify a genetic parent.

����
�
-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, attesting to the procedures followed
in obtaining the report.
�
A report of the
facts and results of genetic tests shall be admissible as evidence of parentage
without the need for foundation testimony or other proof of authenticity or
accuracy, unless objection is made.

����
(b)
�

Documentation from a testing laboratory of the following information is
sufficient to establish a reliable chain of custody and allow the results of
genetic testing to be admissible without testimony:

����
(1)
�
The
name and photograph of each individual whose specimen has been taken;

����
(2)
�
The
name of the individual who collected each specimen;

����
(3)
�
The
place and date each specimen was collected;

����
(4)
�
The
name of the individual who received each specimen in the testing laboratory;
and

����
(5)
�
The
date each specimen was received.

����
(c)
�

An alleged genetic parent or party to the parentage action who objects
to the admission of the report concerning the genetic test results shall file a
motion no later than twenty days after receiving a copy of the report and shall
show good cause as to why a witness is necessary to lay the foundation for the
admission of the report as evidence.
�
The
court may, sua sponte or at a hearing on the motion, determine whether a
witness shall be required to lay the foundation for the admission of the report
as evidence.
�
The right to call witnesses
to rebut the report shall be reserved to all parties.

����
�
-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 least a ninety-nine per cent probability of parentage, using
a prior probability of 0.50, as calculated by using the combined relationship
index obtained in the testing; and

����
(2)
�
A
combined relationship index of at least one hundred to one.

����
(b)
�

An individual identified under subsection (a) as a genetic parent of the
child may challenge the genetic testing results only by other genetic testing
satisfying the requirements of this part which:

����
(1)
�
Excludes
the individual as a genetic parent of the child; or

����
(2)
�
Identifies
another individual as a possible genetic parent of the child other than:

���������
(A)
�
The
individual who gave birth to the child; or

���������
(B)
�
The
individual identified under subsection (a).

����
(c)
�

If more than one individual other than the individual who gave birth is
identified by genetic testing as a possible genetic parent of the child, the
court shall order each individual to submit to further genetic testing to
identify a genetic parent.

����
(d)
�

If an original test result is contested, the court shall order further
genetic testing with payment of the testing to be advanced and paid for by the
contesting party.

����
�
-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 circumstances are just, the court may order any of the
following individuals to submit specimens for genetic testing:

����
(1)
�
A
parent of the alleged genetic parent;

����
(2)
�
A
sibling of the alleged genetic parent;

����
(3)
�
Another
child of the alleged genetic parent and the individual who gave birth to the
other child; and

����
(4)
�
Another
relative of the alleged genetic parent necessary to complete genetic testing.

����
(b)
�

To issue an order under this section, the court shall find that a need
for genetic testing outweighs the legitimate interests of the individual sought
to be tested.

����
�
-707

�
Deceased
individual.
�
If an individual
seeking genetic testing demonstrates good cause, the court may order genetic
testing of a deceased individual.

PART VIII.
�
ASSISTED REPRODUCTION

����
�
-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.

����
�
-802

�
Parental
status of donor.
�
A donor is
not a parent of a child conceived by assisted reproduction.

����
�
-803

�
Parentage
of child of assisted reproduction.
�

An individual who consents under section -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.

����
�
-804

�
Consent
to assisted reproduction.
�

(a)
�
Except as otherwise provided
in subsection (b), the consent described in section -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 to be a parent of
the child.

����
(b)
�

Failure to consent in a record as required by subsection (a), before,
on, or after the birth of the child shall not preclude the court from finding
consent to parentage if:

����
(1)
�
The
individual giving birth to a child or the other individual proves by clear and
convincing evidence the existence of an express agreement entered into before
conception that the individual giving birth and the other individual intended
they both would be parents of the child; or

����
(2)
�
The
individual giving birth to the child and the other individual for the first two
years of the child's life, including any period of temporary absence, resided
together in the same household with the child and both openly held out the
child as the individual's child; provided, however, that if an individual dies
or becomes incapacitated before the child attains two years of age or the child
dies before the child attains two years of age, the court may find consent
under this subsection to parentage if a party proves by clear and convincing
evidence that the individual giving birth to the child and the other individual
intended to reside together in the same household with the child and both
intended the individual would openly hold out the child as the individual's
child, but the individual was prevented from carrying out that intent by death
or incapacity.

����
�
-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 own parentage of the child unless:

����
(1)
�
No
later than two years after the birth of the child or the date of which the
individual first learns of the birth of the child, whichever is later, the
individual commences a proceeding to adjudicate the individual's parentage of
the child; and

����
(2)
�
The
court finds the individual did not consent to the assisted reproduction,
before, on, or after the birth of the child, or withdrew consent under
section ‑807.

����
(b)
�

A proceeding to adjudicate a spouse's parentage of a
�
child born by assisted reproduction may be
commenced at any time if the court determines:

����
(1)
�
The
spouse neither provided a gamete for, nor consented to, the assisted
reproduction;

����
(2)
�
The
spouse and the individual who gave birth to the child have not cohabited since
the probable time of assisted reproduction; and

����
(3)
�
The
spouse never openly held out the child as the spouse's child.

����
(c)
�

This section shall apply to a spouse's dispute of parentage even if the
spouse's marriage is declared invalid after assisted reproduction occurs.

����
�
-806

�
Effect
of certain legal proceedings regarding marriage.
�
(a)
�
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 annulled before
transfer of gametes or embryos to said individual, a former spouse of said
individual is not a parent of the child unless the former spouse consented in a
record that the former spouse would be a parent of the child if assisted
reproduction were to occur after a divorce, dissolution, annulment, declaration
of invalidity, legal separation, or separate maintenance, and the former spouse
did not withdraw consent under section -807.

����
�
-807

�
Withdrawal
of consent.
�
(a)
�
An individual who consents under section
-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 conceived by assisted
reproduction and to any clinic or health care provider facilitating the
assisted reproduction.
�
Failure to give
notice to the clinic or health care provider shall not affect a determination
of parentage under this part.

����
(b)
�

An individual who withdraws consent under subsection (a) is not a parent
of the child under this part.

����
�
-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 preclude the establishment of the individual's
parentage of the child if the individual otherwise would be a parent of the
child under this chapter.

����
(b)
�

If an individual who consented in a record to assisted reproduction by
an individual who agreed to give birth to a child dies before a transfer of
gametes or embryos, the deceased individual is a parent of a child conceived by
the assisted reproduction only if:

����
(1)
�
Either:

���������
(A)
�
The
individual consented in a record that if assisted reproduction were to occur
after the death of the individual, the individual would be a parent of the
child; or

���������
(B)
�
The
individual's intent to be a parent of a child conceived by assisted
reproduction after the individual's death is established by clear‑andconvincing
evidence; and

����
(2)
�
Either:

���������
(A)
�
The
embryo is in utero no later than thirty-six months after the individual's
death; or

���������
(B)
�
The
child is born no later than forty-five months after the individual's death.

PART IX.
�

SURROGACY AGREEMENT

A.
�

General Provisions

����
�
-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 through
assisted reproduction using the individual's own gamete, under a genetic
surrogacy agreement as provided in this part.

����
"Gestational 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 through
assisted reproduction using gametes that are not the individual's own, under a
gestational surrogacy agreement as provided in this part.

����
"Surrogacy agreement" means an
agreement between one or two intended parents and an individual who is capable
of carrying a pregnancy to term and giving birth to a child and who is not an
intended parent in which the individual agrees to become pregnant through
assisted reproduction and provides that any intended parent is a parent of a
child conceived under the agreement.
�

Unless otherwise specified, "surrogacy agreement" refers to
both a gestational surrogacy agreement and a genetic surrogacy agreement.

����
�
-902

�
Eligibility
to enter gestational or genetic surrogacy agreement.
�
(a)
�
To
execute a surrogacy agreement to act as a gestational or genetic surrogate, an
individual who is capable of carrying a pregnancy to term and giving birth to a
child shall:

����
(1)
�
Have
attained twenty-one years of age;

����
(2)
�
Previously
have given birth to at least one child;

����
(3)
�
Complete
a medical evaluation related to the surrogacy arrangement by a licensed medical
doctor;

����
(4)
�
Complete
a mental health consultation by a licensed mental health professional; and

����
(5)
�
Have
independent legal representation of the individual's choice throughout the
surrogacy arrangement regarding the terms of the surrogacy agreement and the
potential legal consequences of the
surrogacy
agreement.

����
(b)
�

To execute a surrogacy agreement, each intended parent, whether or not
genetically related to the child, shall:

����
(1)
�
Have
attained twenty-one years of age; and

����
(2)
�
Have
independent legal representation of the intended parent's or parents' choice
throughout the surrogacy arrangement regarding the terms of the surrogacy
agreement and the potential legal consequences of the surrogacy agreement;
provided that the intended parents may be jointly represented if desired.

����
�
-903

�
Requirements
of gestational or genetic surrogacy agreement; process.
�
(a)
�
A
surrogacy agreement shall be executed in compliance with the following rules:

����
(1)
�
At
least one party shall be a resident of the State or, if no party is a resident
of the State, at least one medical evaluation or procedure or mental health
consultation under the surrogacy agreement shall occur in the State and in the
circumstance each party to the agreement shall consent to the jurisdiction of
the courts of the State;

����
(2)
�
A
surrogate and each intended parent shall meet the requirements of section
-902;

����
(3)
�
Each
intended parent, the surrogate, and the surrogate's spouse, if any, shall be
parties to the surrogacy agreement;

����
(4)
�
The
surrogacy agreement shall be in a record signed by each party listed in
paragraph (3);

����
(5)
�
The
surrogate and each intended parent shall acknowledge in a record receipt of a
copy of the surrogacy agreement;

����
(6)
�
The
signature of each party to the surrogacy agreement shall be attested by a
notarial officer or witnessed in accordance with the laws of the jurisdiction
in which the surrogacy agreement is signed;

����
(7)
�
The
surrogate, surrogate's spouse, if any, and the intended parent or parents shall
have independent legal representation throughout the surrogacy arrangement
regarding the terms of the surrogacy agreement and the potential legal
consequences of the surrogacy agreement, and each counsel shall be identified
in the surrogacy agreement; provided that the surrogate and the surrogate's
spouse, if any, may be jointly represented if so desired, and the intended
parent or parents may be jointly represented if so desired;

����
(8)
�
The
intended parent or parents shall pay for independent legal representation for
the surrogate and surrogate's spouse, if any; and

����
(9)
�
The
surrogacy agreement shall be executed before a medical procedure, including the
taking of medication, occurs related to the surrogacy agreement, other than the
medical evaluation and mental health consultation required by section
-902.

����
�
-904

�
Requirements
of gestational or genetic surrogacy agreement; content.
�
(a)
�
A
surrogacy agreement shall comply with the following requirements:

����
(1)
�
A
surrogate shall agree to attempt to become pregnant by means of assisted
reproduction;

����
(2)
�
Except
as otherwise provided in sections ‑910,
‑913, and -914, the surrogate and the
surrogate's spouse or former spouse, if any, shall have no claim to parentage
of a child conceived by assisted reproduction under the agreement;

����
(3)
�
The
surrogate's spouse, if any, shall acknowledge and agree to comply with the
obligations imposed on the surrogate by the agreement;

����
(4)
�
Except
as otherwise provided in sections ‑910,
‑913, and -914, the intended parent,
or, if there are two intended parents, each one jointly and severally,
immediately upon birth shall be the exclusive parent or parents of the child,
regardless of the number of children born, or the gender or mental or physical
condition of each child;

����
(5)
�
Except
as otherwise provided in sections ‑910,
‑913, and -914, the intended parent
or, if there are two intended parents, each parent jointly and severally,
immediately upon birth shall assume physical and legal custody of, and
responsibility for the financial support of the child, regardless of the number
of children born, or the gender or mental or physical condition of each child;

����
(6)
�
The
surrogacy agreement shall provide for payment by the intended parent or parents
of reasonable legal, medical and ancillary expenses, including:

���������
(A)
�
Premiums
for a health insurance policy that covers medical treatment and hospitalization
for the person acting as surrogate unless otherwise mutually agreed upon by the
parties, pursuant to the terms of the surrogacy agreement;

���������
(B)
�
Payment
of all uncovered medical expenses;

���������
(C)
�
Payment
of legal fees for the legal representation of the person acting as surrogate;

���������
(D)
�
Payment
of life insurance premiums, pursuant to the terms of the surrogacy agreement;
and

���������
(E)
�
Any
other reasonable financial arrangements mutually agreed upon by the parties,
including any applicable reimbursement and compensation schedule, pursuant to
the terms of the surrogacy agreement;

����
(7)
�
The
intended parent or parents shall be liable for the surrogacy-related expenses
of the individual acting as surrogate, including expenses for health care
provided for assisted reproduction, prenatal care, labor and delivery and for
the medical expenses of the resulting child that are not paid by
insurance.
�
This paragraph shall not be
construed to supplant any health insurance coverage that is otherwise available
to the person acting as surrogate or an intended parent for the coverage of
health care costs.
�
This paragraph shall
not change the health insurance coverage of the person acting as surrogate or
the responsibility of the insurance company to pay benefits under a policy that
covers a person acting as surrogate;

����
(8)
�
The
surrogacy agreement shall permit the surrogate to make all health and welfare
decisions regarding themselves and their pregnancy.
�
This chapter shall not enlarge or diminish
the surrogate's constitutional or other legal right to terminate the pregnancy;

����
(9)
�
The
surrogacy agreement shall include information about each party's right under
this part to terminate the surrogacy agreement;

���
(10)
�
The
surrogacy agreement shall address confidentiality between the parties to the surrogacy
agreement; and

���
(11)
�
The
surrogacy agreement shall address whether the intended parents will complete a
mental health consultation by a licensed mental health professional.

����
(b)
�

A surrogacy agreement may provide for:

����
(1)
�
Payment
of consideration to, and payment or reimbursement of reasonable expenses to,
the surrogate; and

����
(2)
�
Reimbursement
of specific expenses if the agreement is terminated under this part.

����
(c)
�

A right created under a surrogacy agreement is not assignable and there
is no third-party beneficiary of the surrogacy agreement other than the child.

����
�
-905

�
Surrogacy
agreement; effect of subsequent change of marital status.
�
(a)
�

Unless a surrogacy agreement expressly provides otherwise:

����
(1)
�
The
marriage of a surrogate after the surrogacy agreement is signed by all parties
shall not affect the validity of the surrogacy agreement, the surrogate's
spouse's consent to the surrogacy agreement is not required, and the
surrogate's spouse shall not be a presumed parent of a child conceived by
assisted reproduction under the surrogacy agreement; and

����
(2)
�
The
divorce, dissolution, annulment, declaration of invalidity, or legal
separation, of the surrogate after the surrogacy agreement is signed by all
parties shall not affect the validity of the surrogacy agreement.

����
(b)
�

Unless a surrogacy agreement expressly provides otherwise:

����
(1)
�
The
marriage of an intended parent after the surrogacy agreement is signed by all
parties shall not affect the validity of a surrogacy agreement, the consent of
the spouse of the intended parent is not required, and the spouse of the
intended parent shall not be, based on the
surrogacy

agreement alone, a parent of a child conceived by assisted reproduction under
the surrogacy agreement; and

����
(2)
�
The
divorce, dissolution, annulment, declaration of invalidity, or legal separation
of an intended parent after the surrogacy agreement is signed by all parties
shall not affect the validity of the surrogacy agreement and, except as
otherwise provided in section -913, the intended parents are
the parents of the child.

����
�
-906

�
Exclusive,
continuing jurisdiction.
�

During the period after the execution of a surrogacy agreement until
ninety days after the birth of a child conceived by assisted reproduction under
the surrogacy agreement, a court of the State conducting a proceeding under
this chapter shall have exclusive, continuing jurisdiction over all matters
arising out of the agreement.
�
This
section shall not give the court jurisdiction over a child custody or child
support proceeding if jurisdiction is not otherwise authorized by a law of this
State other than this chapter.

B.
�
Special
Rules of Gestational Surrogacy Agreement

����
�
-907

�
Termination
of gestational surrogacy agreement.
�

(a)
�
A party to a gestational
surrogacy agreement may terminate the surrogacy agreement, at any time before
an embryo transfer, by giving notice of termination in a record to all other
parties.
�
If an embryo transfer does not
result in a pregnancy, a party may terminate the surrogacy agreement at any
time before a subsequent embryo transfer.

����
(b)
�

Unless a gestational surrogacy agreement provides otherwise, on
termination of the surrogacy agreement under subsection (a), the parties shall
be released from the surrogacy agreement, except that each intended parent
shall remain responsible for expenses that are reimbursable under the surrogacy
agreement and incurred by the gestational surrogate through the date of
termination.

����
(c)
�

Except in a case involving fraud, neither a gestational surrogate nor
the surrogate's spouse or former spouse, if any, shall be liable to the
intended parent or parents for a penalty or liquidated damages for terminating
a gestational surrogacy agreement under this section.

����
�
-908

�
Parentage
under gestational surrogacy agreement.
�
(a)
�

Except as otherwise provided in subsection (c), section
-909(b), or section -911, upon birth of a
child conceived by assisted reproduction under a gestational surrogacy
agreement, each intended parent shall be, by operation of law, a parent of the
child.

����
(b)
�

Except as otherwise provided in subsection (c) or section
-911, neither a gestational surrogate nor the surrogate's
spouse or former spouse, if any, is a parent of the child.

����
(c)
�

If a child is alleged to be a genetic child of the individual who agreed
to be a gestational surrogate, the court shall order genetic testing of the
child.
�
If the child is a genetic child
of said individual who agreed to be a gestational surrogate, parentage shall be
determined based on parts I through VII.

����
(d)
�

Except as otherwise provided in subsection (c), section
-909(b), or section -911, if, due to a
clinical or laboratory error, a child conceived by assisted reproduction under
a gestational surrogacy agreement is not genetically related to either intended
parent or to a donor who donated gametes to the intended parent or parents,
each intended parent, and not the gestational surrogate and the surrogate's
spouse or former spouse, if any, is a parent of the child, subject to any other
claim of parentage.

����
�
-909

�
Gestational
surrogacy agreement; parentage of deceased intended parent.
�
(a)
�

Section -908 shall apply to an intended parent even if
the intended parent dies during the period between the transfer of a gamete or
embryo and the birth of the child.

����
(b)
�

Except as otherwise provided in section -911, an
intended parent is not a parent of a child conceived by assisted reproduction
under a gestational surrogacy agreement if the intended parent dies before the
transfer of a gamete or embryo unless:

����
(1)
�
The
agreement provides otherwise; and

����
(2)
�
The
transfer of a gamete or embryo occurs no later than thirty-six months after the
death of the intended parent or the birth of the child occurs no later than
forty-five months after the death of the intended parent.

����
�
-910

�
Gestational
surrogacy agreement; order of parentage.
�
(a)
�
Except as otherwise provided in
section ‑908(c) or -911, before, on,
or after the birth of a child conceived by assisted reproduction under a
gestational surrogacy agreement, a party to the agreement may commence a
proceeding in the appropriate court for an order or judgment:

����
(1)
�
Declaring
that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately on the birth of the child exclusively in
each intended parent;

����
(2)
�
Declaring
that the gestational surrogate and the surrogate's spouse or former spouse, if
any, are not the parents of the child;

����
(3)
�
Designating
the content of the birth record in accordance with chapter 338, and directing
the department of health to designate each intended parent as a parent of the
child;

����
(4)
�
To
protect the privacy of the child and the parties, declaring that the court
record is not open to public inspection; provided that the court records under
this chapter shall be fully sealed so that the filings, caption, party names,
docket, and any information identifying the type of case are not open for
public inspection;

����
(5)
�
If
necessary, that the child be surrendered to the intended parent or parents; and

����
(6)
�
For
other relief the court determines necessary and proper.

����
(b)
�

The court may issue an order or judgment under subsection (a) before the
birth of the child.
�
The court shall stay
enforcement of the order or judgment until the birth of the child.

����
(c)
�

Neither the State nor the department of health shall be a necessary
party to a proceeding under subsection (a).

����
�
-911

�
Effect
of gestational surrogacy agreement.
�

(a)
�
A gestational surrogacy
agreement that complies with sections -902,
-903, and -904 shall be enforceable.

����
(b)
�

If a child was conceived by assisted reproduction under a gestational
surrogacy agreement that does not comply with sections -902,
-903, and -904, the court shall determine
the rights and duties of the parties to the surrogacy agreement consistent with
the intent of the parties at the time of execution of the surrogacy agreement.
�
Each party to the surrogacy agreement and any
individual who at the time of the execution of the surrogacy agreement was a
spouse of a party to the surrogacy agreement shall have standing to maintain a
proceeding to adjudicate an issue related to the enforcement of the surrogacy agreement.

����
(c)
�

Except as expressly provided in a gestational surrogacy agreement or
subsection (d) or (e), if the surrogacy agreement is breached by the
gestational surrogate or one or more intended parents, the non-breaching party
is entitled to the remedies available at law or in equity.

����
(d)
�

Specific performance is not a remedy available for breach by a
gestational surrogate of a provision in the surrogacy agreement that the
gestational surrogate undergo an embryo transfer, terminate or not terminate a
pregnancy, or submit to medical procedures.

����
(e)
�

Except as otherwise provided in subsection (d), if an intended parent is
determined to be a parent of the child, specific performance is a remedy
available for:

����
(1)
�
Breach
of the surrogacy agreement by a gestational surrogate or gestational
surrogate's spouse that prevents the intended parent from exercising
immediately on the birth of the child the full rights of parentage; or

����
(2)
�
Breach
by the intended parent that prevents the intended parent's acceptance,
immediately on the birth of the child conceived by assisted reproduction under
the agreement, of the duties of parentage.

C.
�
Special
Rules for Genetic Surrogacy Agreement

����
�
-912

�
Requirements
to validate a genetic surrogacy agreement.
�
(a)
�
Except as otherwise provided in
section -915, to be enforceable, a genetic surrogacy agreement
shall be validated by the family court.
�

A proceeding to validate the surrogacy agreement shall be commenced
before assisted reproduction related to the surrogacy agreement is initiated.

����
(b)
�

The court shall issue an order validating a genetic surrogacy agreement
if the court finds that:

����
(1)
�
Sections
-902, -903, and -904 are
satisfied; and

����
(2)
�
All
parties entered into the surrogacy agreement voluntarily and understand its
terms.

����
(c)
�

An individual who terminates under section -913 a
genetic surrogacy agreement shall file notice of the termination with the
court.
�
On receipt of the notice, the
court shall vacate any order issued under subsection (b).
�
An individual who terminates a genetic
surrogacy agreement under this section but does not notify the court of the
termination of the agreement shall be subject to sanctions.

����
�
-913

�
Termination
of genetic surrogacy agreement.
�

(a)
�
A party to a genetic
surrogacy agreement may terminate the surrogacy agreement as follows:

����
(1)
�
An
intended parent who is a party to the surrogacy agreement may terminate the surrogacy
agreement at any time before a gamete or embryo transfer by giving notice of
termination in a record to all other parties.
�

If a gamete or embryo transfer does not result in a pregnancy, a party
may terminate the surrogacy agreement at any time before a subsequent gamete or
embryo transfer.
�
The notice of
termination shall be attested by a notarial officer or witnessed; and

����
(2)
�
A
genetic surrogate who is a party to the agreement may withdraw consent to the surrogacy
agreement any time before seventy-two hours after the birth of a child
conceived by assisted reproduction under the surrogacy agreement.
�
To withdraw consent, the genetic surrogate
shall execute a notice of termination in a record stating the surrogate's
intent to terminate the surrogacy agreement.
�

The notice of termination shall be attested by a notarial officer or
witnessed and be delivered to each intended parent any time before seventy-two
hours after the birth of the child.

����
(b)
�

On termination of the genetic surrogacy agreement under subsection (a),
the parties shall be released from all obligations under the surrogacy agreement
except that each intended parent shall remain responsible for all expenses
incurred by the surrogate through the date of termination that are reimbursable
under the surrogacy agreement.
�
Unless
the surrogacy agreement provides otherwise, the surrogate shall not be entitled
to and shall refund to intended parents within ten days after withdrawal of
consent any non-expense related compensation paid for serving as a surrogate.

����
(c)
�

Except in a case involving fraud, neither a genetic surrogate nor the
surrogate's spouse or former spouse, if any, is liable to the intended parent
or parents for a penalty or liquidated damages, for terminating a genetic
surrogacy agreement under this section.

����
�
-914

�
Parentage
under validated genetic surrogacy agreement.
�
(a)
�
Unless a genetic surrogate exercises the right
under section -913 to terminate a genetic surrogacy
agreement, each intended parent is a parent of a child conceived by assisted
reproduction under a surrogacy agreement validated under section
-912.

����
(b)
�

Unless a genetic surrogate exercises the right under section
-913 to terminate the genetic surrogacy agreement, on proof
of a court order issued under section -912 validating the surrogacy
agreement, the court shall make an order:

����
(1)
�
Declaring
that each intended parent is a parent of a child conceived by assisted
reproduction under the surrogacy agreement and ordering that parental rights
and duties vest exclusively in each intended parent;

����
(2)
�
Declaring
that the gestational surrogate and the surrogate's spouse or former spouse, if
any, are not parents of the child;

����
(3)
�
Designating
the contents of the birth certificate in accordance with chapter 338 and
directing the department of health to designate each intended parent as a
parent of the child;

����
(4)
�
To
protect the privacy of the child and the parties, declaring that the court
record is not open to public inspection; provided that the court records under
this chapter shall be fully sealed, so that the filings, caption, party names,
docket, and any information identifying the type of case are not open for
public inspection;

����
(5)
�
If
necessary, that the child be surrendered to the intended parent or parents; and

����
(6)
�
For
other relief the court determines necessary and proper.

����
(c)
�

If a genetic surrogate terminates under section ‑913(a)(2)
a genetic surrogacy agreement, parentage of the child conceived by assisted
reproduction under the surrogacy agreement shall be determined under parts I
through VII.

����
(d)
�

If a child born to a genetic surrogate is alleged not to have been
conceived by assisted reproduction, the court shall order genetic testing to
determine the genetic parentage of the child.
�

If the child was not conceived by assisted reproduction, parentage shall
be determined under parts I through VII.
�

Unless the genetic surrogacy agreement provides otherwise, if the child
was not conceived by assisted reproduction, the surrogate is not entitled to
any non-expense related compensation paid for serving as a surrogate.

����
(e)
�

Unless a genetic surrogate exercises the right under section
-913 to terminate the genetic surrogacy agreement, if an
intended parent fails to file notice required under section -913(a),
the genetic surrogate or the department of health may file with the court, no
later than sixty days after the birth of a child conceived by assisted
reproduction under the surrogacy agreement, notice that the child has been born
to the genetic surrogate.
�
Unless the
genetic surrogate has properly exercised the right under section
-913 to withdraw consent to the surrogacy agreement, on proof
of a court order issued under section -912 validating the surrogacy
agreement, the court shall order that each intended parent is a parent of the
child.

����
�
-915

�
Effect
of non-validated genetic surrogacy

agreement.
�
(a)
�
A
genetic surrogacy agreement, whether or not in a record, that is not validated
under section -912 shall be enforceable only to the extent
provided in this section and section -917.

����
(b)
�

If all parties agree, a court may validate a genetic surrogacy agreement
after assisted reproduction has occurred but before the birth of a child
conceived by assisted reproduction under the agreement.

����
(c)
�
If
a child conceived by assisted reproduction under a genetic surrogacy agreement
that is not validated under section -912 is born and the
genetic surrogate, consistent with section -913(a)(2),
withdraws their consent to the surrogacy agreement before seventy-two hours
after the birth of the child, the court shall adjudicate the parentage of the
child under parts I through VII.

����
(d)
�

If a child conceived by assisted reproduction under a genetic surrogacy
agreement that is not validated under section -912 is born
and a genetic surrogate does not withdraw their consent to the surrogacy agreement,
consistent with section -913(a)(2), before seventy-two hours
after the birth of the child, the genetic surrogate is not automatically a
parent and the court shall adjudicate parentage of the child based on the best
interest of the child, taking into account the factors in section
-607(a) and the intent of the parties at the time of the
execution of the surrogacy agreement.

����
(e)
�

The parties to a genetic surrogacy agreement shall have standing to
maintain a proceeding to adjudicate parentage under this section.

����
�
-916

�
Genetic
surrogacy agreement; parentage of deceased intended parent.
�
(a)
�
Except as otherwise provided in section
-914 or -915, on birth of a child conceived
by assisted reproduction under a genetic surrogacy agreement, each intended
parent is, by operation of law, a parent of the child, notwithstanding the
death of an intended parent during the period between the transfer of a gamete
or embryo and the birth of the child.

����
(b)
�

Except as otherwise provided in section -914 or
-915, an intended parent is not a parent of a child conceived
by assisted reproduction under a genetic surrogacy agreement if the intended
parent dies before the transfer of a gamete or embryo unless:

����
(1)
�
The
surrogacy agreement provides otherwise; and

����
(2)
�
The
transfer of the gamete or embryo occurs no later than thirty-six months after
the death of the intended parent, or the birth of the child occurs no later
than forty-five months after the death of the intended parent.

����
�
-917

�
Breach
of genetic surrogacy agreement.
�

(a)
�
Subject to section
-913(b), if a genetic surrogacy agreement is breached by a
genetic surrogate or one or more intended parents, the non-breaching party
shall be entitled to the remedies available at law or in equity.

����
(b)
�

Specific performance is not a remedy available for breach by a genetic
surrogate of a requirement of a validated or non-validated genetic surrogacy
agreement that the surrogate undergo insemination or embryo transfer, terminate
or not terminate a pregnancy, or submit to medical procedures.

����
(c)
�

Except as otherwise provided in subsection (b), specific performance is
a remedy available for:

����
(1)
�
Breach
of a validated genetic surrogacy agreement by a genetic surrogate of a
requirement that prevents an intended parent from exercising the full rights of
parentage seventy-two hours after the birth of the child; or

����
(2)
�
Breach
by an intended parent that prevents the intended parent's acceptance of duties
of parentage seventy-two hours after the birth of the child.

PART X.
�

INFORMATION ABOUT DONOR

����
�
-1001

�
Definitions.
�
As used in this part:

����
"Identifying information" means:

����
(1)
�
The
full name of a donor;

����
(2)
�
The
date of birth of the donor; and

����
(3)
�
The
permanent and, if different, current address of the donor at the time of the
donation.

����
"Medical history" means
information regarding any:

����
(1)
�
Present
illness of a donor;

����
(2)
�
Past
illness of the donor; and

����
(3)
�
Social,
genetic, and family history pertaining to the health of the donor.

����
�
-1002

�
Applicability.
�
This part shall apply only to gametes
collected on or after the effective date of this chapter.

����
�
-1003

�
Collection
of information.
�
(a)
�
A gamete bank or fertility clinic licensed in
this State shall collect from a donor the donor's identifying information and
medical history at the time of the donation.

����
(b)
�

A gamete bank or fertility clinic licensed in the State that receives
gametes of a donor collected by another gamete bank or fertility clinic shall
collect the name, address, telephone number, and electronic mail address of the
gamete bank or fertility clinic from which it received the gametes.

����
(c)
�

A gamete bank or fertility clinic licensed in the State shall disclose
the information collected under subsections (a) and (b) as provided under
section -1004.

����
�
-1004

�
Collection
of information.
�
(a)
�
A gamete bank or fertility clinic licensed in
this State that collects gametes from a donor shall:

����
(1)
�
Provide
the donor with information in a record about the donor's choice regarding
identity disclosure; and

����
(2)
�
Obtain
a declaration from the donor regarding identity disclosure.

����
(b)
�

A gamete bank or fertility clinic licensed in the State shall give a
donor the choice to sign a declaration, attested by a notarial officer or
witnessed, that either:

����
(1)
�
States
that the donor agrees to disclose the donor's identity to a child conceived by
assisted reproduction with the donor's gametes on request once the child
attains eighteen years of age; or

����
(2)
�
States
that the donor does not agree presently to disclose the donor's identity to the
child.

����
(c)
�

A gamete bank or fertility clinic licensed in the State shall allow a
donor who has signed a declaration under subsection (b)(2) to withdraw the
declaration at any time by signing a declaration under subsection (b)(1).

����
�
-1005

�
Disclosure
of identifying information and 22 medical history.
�
(a)
�
On
request of a child conceived by assisted reproduction who attains eighteen
years of age, a gamete bank or fertility clinic licensed in the State that
collected, stored, or released for use the gametes used in the assisted
reproduction shall make a good faith effort to provide the child with
identifying information of the donor who provided the gametes, unless the donor
signed and did not withdraw a declaration under section -1004(b)(2).
�
If the donor signed and did not withdraw the
declaration, the gamete bank or fertility clinic shall make a good-faith effort
to notify the donor, who may elect under section -1004(c) to
withdraw the donor's declaration.

����
(b)
�

Regardless whether a donor signed a declaration under section
-1004(b)(2), on request by a child conceived by assisted
reproduction who attains eighteen years of age, or, if the child is a minor, by
a parent or guardian of the child, a gamete bank or fertility clinic licensed
in the State shall make a good-faith effort to provide the child, or if the
child is a minor, the parent or guardian of the child, access to nonidentifying
medical history of the donor.

����
(c)
�

On request of a child conceived by assisted reproduction who attains
eighteen years of age, a gamete bank or fertility clinic licensed in the State
that received the gametes used in the assisted reproduction from another gamete
bank or fertility clinic shall disclose the name, address, telephone number,
and electronic mail address of the gamete bank or fertility clinic from which
it received the gametes.

����
�
-1006

�
Disclosure
of identifying information and 22 medical history.
�
(a)
�
A
gamete bank or fertility clinic licensed in the State that collects gametes for
use in assisted reproduction shall collect and maintain identifying information
and medical history about each gamete donor.
�

The gamete bank or fertility clinic shall collect and maintain records
of gamete screening and testing and comply with reporting requirements, in
accordance with federal law and the applicable law of the State other than this
chapter.

����
(b)
�

A gamete bank or fertility clinic licensed in the State that receives
gametes from another gamete bank or fertility clinic shall maintain the name,
address, telephone number, and electronic mail address of the gamete bank or
fertility clinic from which it received the gametes."

����
SECTION
3
.
�
Section 26-14.6, Hawaii Revised Statutes, is
amended by amending subsection (f) to read as follows:

����
"(f)
�
Effective July 1, 1990, the functions,
authority, and obligations, together with the limitations imposed thereon and
the privileges and immunities conferred thereby, exercised by a "sheriff",
"sheriffs", a "sheriff's deputy", "sheriff's deputies",
a "deputy sheriff", "deputy sheriffs", or a "deputy",
under sections 21-8, 47-18, 105-4, 134-51, 183D-11, 187A-14, 231-25, 281-108,
281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9, 353-11, 356D-54, 356D-94, 383-71,
445-37, 482E-4, 485A-202, 501‑42, 501-171, 501-218, 521-78, 578-4, [
584-6,
]

-203,
603‑29, 604-6.2, 606-14, 607-2, 607-4, 607-8,
633-8, 634-11, 634-12, 634-21, 634-22, 651-33, 651-37, 651-51, 654-2, 655-2, 657-13,
660-16, 666-11, 666-21, 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1,
806-71, and 832-23 shall be exercised to the same extent by the department of
public safety; and effective January 1, 2024, those functions, authority,
and obligations shall be exercised to the same extent by the department of law
enforcement."

����
SECTION
4
.
�
Section 338-12, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�338-12
�
Evidentiary character of
certificates.
�
Certificates filed
within thirty days after the time prescribed therefor shall be prima facie
evidence of the facts therein stated.
�

Data pertaining to [
the father
]
a parent
of a child is
prima facie evidence if:

����
(1)
�
The
alleged [
father
]
parent
is:

���������
(A)
�
The
[
husband
]
spouse
of the [
mother;
]
other parent;
or

���������
(B)
�
The
acknowledged [
father
]
parent
of the child; or

����
(2)
�
The
[
father
]
parent
and child relationship has been established under
chapter [
584.
]

�
.
�
Data pertaining to the alleged [
father
]

parent
acknowledging [
paternity
]
parentage
of the child is
admissible as evidence of [
paternity
]
parentage
in any family
court proceeding, including proceedings under chapter [
584.
]
.
"

����
SECTION
5
.
�
Section 338-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�338-15
�
Late or altered certificates.

�
A person born in the State may file or amend a
certificate after the time prescribed, upon submitting proof as required by
rules adopted by the department of health.
�
Certificates registered after the time
prescribed for filing by the rules of the department of health shall be
registered subject to any evidentiary requirements that the department adopts
by rule to substantiate the alleged facts of birth.
�
The department may amend a birth certificate
to change or establish the identity of a registrant's parent only pursuant to a
court order from a court of appropriate jurisdiction or pursuant to a legal
establishment of parenthood pursuant to chapter [
584.
]

�
.

�
Amendments that change or establish the
identity of a registrant's parent that are made in accordance with this section
shall not be considered corrections of personal records pursuant to chapter
92F."

����
SECTION
6
.
�
Section 338-21, Hawaii Revised Statutes, is
amended as follows:

����
1.
�

By amending subsection (a) to read:

����
"(a)
�

All children born to parents not married to each other, irrespective of
the marriage of either natural parent to another, (1) on the marriage of the
natural parents with each other, (2) on the voluntary, written acknowledgments
of [
paternity
]
parentage
under oath signed by the [
natural
father and the natural mother,
]
birthing parent and alleged genetic
parent, or intended parent under part VIII of chapter
�
,
or (3) on establishment of
the parent and child relationship under chapter [
584,
]

�
,
are entitled to the same
rights as those born to parents married to each other and shall take the name
so stipulated by their parents or, if the parents do not agree on the name,
shall take the name specified by a court of competent jurisdiction to be the
name that is in the best interests of the child.
�
The original certificate of birth shall
contain the name so stipulated.
�
The
child or children or the parents thereof may petition the department of health
to issue a new original certificate of birth, and not a duplicate of the
original certificate that has been amended, altered, or modified, in the new
name of the child, and the department shall issue the new original certificate
of birth.
�
As used in this section
"name" includes the first name, middle name, or last name."

����
2.
�

By amending subsection (d) to read:

����
"(d)
�

Nothing in this section shall be construed to limit the power of the
courts to order the department
of health
to prepare new certificates of
birth under section [
584‑23.
]
‑510.
"

����
SECTION
7
.
�
Section 532-6, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�532-6
�
To child born to parents not married to each
other.
�
Every child born to parents
not married to each other at the time of the child's birth and for whom the
parent and child relationship has not been established pursuant to chapter [
584
]

�

shall be
considered as an heir to the child's mother, and shall inherit her estate, in
whole or in part, as the case may be, in like manner as if the child had been
born in lawful wedlock."

����
SECTION
8
.
�
Section 571-14, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"
(a)
�
Except as provided in sections 603-21.5 and
604-8, the court shall have exclusive original jurisdiction:

����
(1)
�
To try any offense committed against a child
by the child's parent or guardian or by any other person having the child's
legal or physical custody, and any violation of section 707-726, 707-727,
709-902, 709‑903, 709-903.5, 709-904, 709-905, 709-906, or 302A-1135,
whether or not included in other provisions of this paragraph or paragraph (2);

����
(2)
�
To try any adult charged with:

���������
(A)
�
Deserting, abandoning, or failing to provide
support for any person in violation of law;

���������
(B)
�
An offense, other than a felony, against the
person of the defendant's husband or wife;

���������
(C)
�
Any violation of an order issued pursuant to
chapter 586; or

���������
(D)
�
Any violation of an order issued by a family
court judge.

����
In
any case within paragraph (1) or (2), the court, in its discretion, may waive
its jurisdiction over the offense charged;

����
(3)
�
In all proceedings under chapter 580, and in
all proceedings under chapter [
584;
]

�
;

����
(4)
�
In proceedings under chapter 575, the Uniform
Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate
Family Support Act;

����
(5)
�
For commitment of an adult alleged to be
mentally defective or mentally ill;

����
(6)
�
In all proceedings for support between parent
and child or between [
husband and wife;
]
spouses;

����
(7)
�
In all proceedings for pre-trial detention or
waiver of jurisdiction over an adult who was a child at the time of an alleged
criminal act as provided in section 571-13 or 571-22;

����
(8)
�
In all proceedings under chapter 586, Domestic
Abuse Protective Orders; and

����
(9)
�
For the protection of vulnerable adults under
chapter 346, part X.

����
In any case within paragraph (3), (4), or
(6), the attorney general, through the child support enforcement agency, may
exercise concurrent jurisdiction as provided in chapter 576E."

����
SECTION
9
.
�
Section 571-50, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-50
�
Modification of decree,
rehearing.
�
Except as otherwise
provided by this chapter, any decree or order of the court may be modified at
any time.

����
At any time during supervision of a child
the court may issue notice or other appropriate process to the child if the
child is of sufficient age to understand the nature of the process, to the
parents, and to any other necessary parties to appear at a hearing on a charge
of violation of the terms of supervision, for any change in or modification of
the decree or for discharge.
�
The
provisions of this chapter relating to process, custody, and detention at other
stages of the proceeding shall be applicable.

����
A parent, guardian, custodian, or next
friend of any child whose status has been adjudicated by the court, or any
adult affected by a decree of the court, at any time may petition the court for
a rehearing on the ground that new evidence, which was not known or not
available through the exercise of due diligence at the time of the original
hearing and which might affect the decree, has been discovered.
�
Upon a satisfactory showing of this evidence,
the court shall order a new hearing and make any disposition of the case that
the facts and the best interests of the child warrant.

����
A parent, guardian, or next friend of a
child whose legal custody has been transferred by the court to an institution,
facility, agency, or person may petition the court for modification or
revocation of the decree, on the ground that the legal custodian has wrongfully
denied application for the release of the child or has failed to act upon it
within a reasonable time, or has acted in an arbitrary manner not consistent
with the welfare of the child or the public interest. An institution, facility,
agency, or person vested with legal custody of a child may petition the court
for a renewal, modification, or revocation of the custody order on the ground
that the change is necessary for the welfare of the child or in the public
interest.
�
The court may dismiss the
petition if on preliminary investigation it finds the petition without
substance.
�
If the court is of the
opinion that the decree should be reviewed, it shall conduct a hearing on
notice to all parties concerned, and may enter an order continuing, modifying,
or terminating the decree.

����
Notwithstanding the foregoing provisions of
this section the court's authority with respect to the review, rehearing,
renewal, modification, or revocation of decrees, judgments, or orders entered
in the hereinbelow listed classes of proceedings shall be limited by any
specific limitations set forth in the statutes governing these proceedings or
in any other specifically applicable statutes or rules.
�
These proceedings are as follows:

����
(1)
�
Annulment,
divorce, separation, and other proceedings under chapter 580;

����
(2)
�
Adoption
proceedings under chapter 578;

����
(3)
�
[
Paternity
]

Parentage
proceedings under chapter [
584;
]

�
;

����
(4)
�
Termination
of parental rights proceedings under this chapter; and

����
(5)
�
State
hospital commitment proceedings under chapter 334.

����
A decree, judgment, or order committing a
child to the care of the director of human services shall be reviewable under
this section at the instance of others other than duly authorized
representatives of the department only after a lapse of thirty days following
the date of the decree, judgment, or order, and thereafter only at intervals of
not less than one year.

����
Notwithstanding this section the court
shall not conduct a rehearing of any petition, filed under section 571-11(1),
which, following a hearing, has been denied or dismissed."

����
SECTION
10
.
�
Section 571-52.6, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-52.6
�
Child support order,
judgment, or decree; accident and health or sickness insurance coverage.
�
Each order, judgment, or decree under this
chapter or chapter 576B, 580, or [
584
]

�

ordering a person to pay child
support shall include the following provisions:

����
(1)
�
Both the obligor and the obligee are
required to file with the state case registry, through the child support
enforcement agency, upon entry of the child support order and to update as
appropriate, information on the identity and location of the party, including
social security number, residential and mailing addresses, telephone number,
driver's license number if different from social security number, and name,
address, and telephone number of the party's employer; and

����
(2)
�
The liability of that person for
accident and health or sickness insurance coverage when available at reasonable
cost."

����
SECTION
11
.
�
Section 571-84, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

The court shall maintain records of all cases brought before it.
�
Except as provided in sections 571-84.6 and [
584‑20.5,
]

-509,
in proceedings under section 571-11 and in [
paternity
]

parentage
proceedings under chapter [
584,
]

�
,
the following records shall
be withheld from public inspection:
�
the
court docket, petitions, complaints, motions, and other papers filed in any
case; transcripts of testimony taken by the court; and findings, judgments,
orders, decrees, and other papers other than social records filed in
proceedings before the court.
�
The
records other than social records shall be open to inspection:
�
by the parties and their attorneys, by an
institution or agency to which custody of a minor has been transferred, and by
an individual who has been appointed guardian; with consent of the judge, by
persons having a legitimate interest in the proceedings from the standpoint of
the welfare of the minor; and, pursuant to order of the court or the rules of
court, by persons conducting pertinent research studies, and by persons,
institutions, and agencies having a legitimate interest in the protection,
welfare, treatment, or disposition of the minor."

����
SECTION
12
.
�
Section 571-84.5, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-84.5
�
Support order, decree,
judgment, or acknowledgment; social security number
.
�
The social security number of any individual
who is a party to a divorce decree, or subject to a support order or [
paternity
]

parentage
determination, or has made an acknowledgment of [
paternity
]

parentage
issued under this chapter or chapter 576B, 580, or [
584
]

�

shall be
placed in the records relating to the matter."

����
SECTION
13
.
�
Section 571-87, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"
(c)
�
The maximum allowable fee shall not exceed
the following schedule:

����
(1)
�
Cases arising under chapters [
[
]587A[
]
]
and 346, part X:

���������
(A)
�
Predisposition
. . . . . . . . . . . . . . $3,000;

���������
(B)
�
Postdisposition
review hearing . . . . . . $1,000;

����
(2)
�
Cases arising under chapters 560, 571, 580,
and

���������
[
584
]

. . . . . . . . . . . . .. . . . . . . . . $3,000.

����
Payments
in excess of any maximum provided for under paragraphs (1) and (2) may be made
whenever the court in which the representation was rendered certifies, based
upon
representations
of extraordinary circumstances, attested to by the applicant, that the amount
of the excess payment is necessary to provide fair compensation in light of
those
circumstances, and the payment is
approved by the administrative judge of that court."

����
SECTION
14
.
�
Section 571-92, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�571-92
�
Application.
�
This part shall only apply to actions
under chapters 580 and [
584.
]

�

.
�
Nothing in this
part shall supersede any provision of any existing state or federal law.
�
The provisions in this part shall be
interpreted consistently with other relevant laws and the standard of
"best interest of the child" shall remain paramount."

����
SECTION
15
.
�
Section 574-3, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�574-3
�
Children born to parents
not married to each other.
�
The
registrar of births shall

register
any child born to parents not married to each other at the time of the child's
birth and where either the natural parents have not married each other or where
the parent and child relationship has not been established pursuant to chapter [
584,
]

�
,
as having
both a family name and given name chosen by the [
mother.
]
individual
who gave birth to the child.
"

����
SECTION
16
.
�
Section 576B-401, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"
(b)
�
The tribunal may issue a temporary child
support order if the tribunal determines that the order is appropriate and the
individual ordered to pay is:

����
(1)
�
A presumed [
father
]
parent

of the child;

����
(2)
�
Petitioning to have [
paternity
]
parentage

adjudicated;

����
(3)
�
Identified as the [
father
]
parent

of the child through genetic testing;

����
(4)
�
An alleged [
father
]
parent

who has declined to submit to genetic testing;

����
(5)
�
Shown by clear and convincing evidence
to be the [
father
]
parent
of the child;

����
(6)
�
An acknowledged [
father
]
parent

as provided by section [
584-3.5;
]
-403;

����
(7)
�
The [
mother of
]
individual
who gave birth to
the child; or

����
(8)
�
An individual who has been ordered to
pay child support in a previous proceeding and the order has not been reversed
or vacated."

����
SECTION
17
.
�
Section 576B-402, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"
(b)
�
In a proceeding to determine parentage, a
responding tribunal of this State shall apply chapter [
584
]

�

and the rules of this State on
choice of law.
"

����
SECTION
18
.
�
Section 576E-2, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�576E-2
�
Attorney general;
powers.
�
Notwithstanding any other
law to the contrary, the attorney general, through the agency and the office,
shall have concurrent jurisdiction with the court in all proceedings in which a
support obligation is established, modified, or enforced, including but not
limited to proceedings under chapters 571, 580, [
584,
]

�
,
and 576B.
�
The attorney general, through the agency and
the office, may establish, modify, suspend, terminate, and enforce child
support obligations and collect or enforce spousal support using the
administrative process provided in this chapter on all cases for which the
department has a responsibility under Title IV-D of the Social Security Act,
including but not limited to welfare and nonwelfare cases in which the
responsible parent is subject to the department's jurisdiction, regardless of
the residence of the children for whom support is sought.
�
These powers shall include but not be limited
to the power to:

����
(1)
�
Conduct
investigations into the ability of parties to pay support and into nonpayment
of support;

����
(2)
�
Administer
oaths, issue subpoenas, and require production of books, accounts, documents,
and evidence;

����
(3)
�
Establish,
modify, suspend, terminate, or enforce a child support order and to collect or
enforce a spousal support order in conjunction with a child support order;

����
(4)
�
Determine
that a party has not complied with a court or administrative order of support
and make recommendations to the court or other agency with respect to contempt
or other appropriate proceedings;

����
(5)
�
Establish
arrearage;

����
(6)
�
Establish
an order for child support for periods which public assistance was provided to
the child or children by the department of human services;

����
(7)
�
Order
and enforce assignment of future income under section 576E-16, chapter 571, and
section 576D-14;

����
(8)
�
Exercise
the powers and authority described in this section, notwithstanding the
existence of a prior court or administrative order of support issued by another
state or foreign jurisdiction, except as modified or limited by this chapter;

����
(9)
�
Determine
that an obligor owes past-due support with respect to a child receiving
assistance under a state program funded under Title IV-A of the Social Security
Act, including Aid to Families with Dependent Children and Temporary Assistance
to Needy Families and petition the court to issue an order that requires the
obligor to pay the support in accordance with a plan approved by the court or,
if the obligor is subject to a plan and is not incapacitated, participate in
work activities, as defined in 42 U.S.C. �607(d), as the court deems
appropriate;

���
(10)
�
Order
genetic testing pursuant to chapter [
584
]

�

for the purpose of establishing [
paternity,
]

parentage,
with payment of costs to be made by the agency, subject to
recoupment by the State from [
the father or the mother,
]
a parent,

if appropriate, if [
paternity
]
parentage
is established, and to
also order additional testing in any case if an original test result is
contested, upon request and advance payment by the contestant;

���
(11)
�
Exercise
the powers and authority described in this section, notwithstanding the
existence of a prior court or administrative order of support issued by another
state or foreign jurisdiction, except as modified or limited by this chapter
and chapter 576B; and

���
(12)
�
Delegate
the powers and authority described in this section to hearings officers and
employees of the agency."

����
SECTION
19
.
�
Section 580-47, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

Upon granting a divorce, or thereafter if, in addition to the powers
granted in subsections (c) and (d), jurisdiction of those matters is reserved
under the decree by agreement of both parties or by order of court after
finding that good cause exists, the court may make any further orders that
appear just and equitable (1) compelling the parties or either of them to
provide for the support, maintenance, and education of the children of the
parties; (2) compelling either party to provide for the support and maintenance
of the other party; (3) finally dividing and distributing the estate of the
parties, real, personal, or mixed, whether community, joint, or separate; and
(4) allocating, as between the parties, the responsibility for the payment of
the debts of the parties whether community, joint, or separate, and the [
attorney's
]

attorneys'
fees, costs, and expenses incurred by each party by reason of
the divorce.
�
In making these further
orders, the court shall take into consideration:
�
the respective merits of the parties, the
relative abilities of the parties, the condition in which each party will be
left by the divorce, the burdens imposed upon either party for the benefit of
the children of the parties, the concealment of or failure to disclose income
or an asset, or violation of a restraining order issued under section 580-10(a)
or (b), if any, by either party, and all other circumstances of the case.
�
In establishing the amounts of child support,
the court shall use the guidelines established under section 576D-7.
�
Provision may be made for the support,
maintenance, and education of an adult or minor child and for the support,
maintenance, and education of an incompetent adult child regardless of whether
the petition is made before or after the child has attained the age of
majority.
�
In those cases where child
support payments are to continue due to the adult child's pursuance of
education, the agency,
at least
three months before the adult child's
nineteenth birthday, shall send notice by regular mail to the adult child and
the custodial parent that prospective child support will be suspended unless
proof is provided by the custodial parent or adult child to the child support
enforcement agency, before the child's nineteenth birthday, that the child is
presently enrolled as a full-time student in school or has been accepted into
and plans to attend as a full-time student for the next semester a post-high
school university, college, or vocational school.
�
If the custodial parent or adult child fails
to do so, prospective child support payments may be automatically suspended by
the child support enforcement agency, hearings officer, or court upon the child
reaching the age of nineteen years.
�
In
addition, if applicable, the agency, hearings officer, or court may issue an
order terminating existing assignments against the responsible parent's income
and income assignment orders.

����
In addition to any other relevant factors
considered, the court, in ordering spousal support and maintenance, shall
consider the following factors:

����
(1)
�
Financial
resources of the parties;

����
(2)
�
Ability
of the party seeking support and maintenance to meet the party's needs
independently;

����
(3)
�
Duration
of the marriage;

����
(4)
�
Standard
of living established during the marriage;

����
(5)
�
Age
of the parties;

����
(6)
�
Physical
and emotional condition of the parties;

����
(7)
�
Usual
occupation of the parties during the marriage;

����
(8)
�
Vocational
skills and employability of the party seeking support and maintenance;

����
(9)
�
Needs
of the parties;

���
(10)
�
Custodial
and child support responsibilities;

���
(11)
�
Ability
of the party from whom support and maintenance is sought to meet the party's
own needs while meeting the needs of the party seeking support and maintenance;

���
(12)
�
Other
factors that measure the financial condition in which the parties will be left
as the result of the action under which the determination of maintenance is
made; and

���
(13)
�
Probable
duration of the need of the party seeking support and maintenance.

����
The court may order support and maintenance
to a party for an indefinite period or until further order of the court;
provided that in the event the court determines that support and maintenance
shall be ordered for a specific duration wholly or partly based on competent
evidence as to the amount of time that will be required for the party seeking
support and maintenance to secure adequate training, education, skills, or
other qualifications necessary to qualify for appropriate employment, whether
intended to qualify the party for a new occupation, update or expand existing
qualification, or otherwise enable or enhance the employability of the party,
the court shall order support and maintenance for a period sufficient to allow
completion of the training, education, skills, or other activity, and shall
allow, in addition, sufficient time for the party to secure appropriate
employment."

����
SECTION
20
.
�
Section 607-5.6, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�

In addition to the fees prescribed under section 607‑5 for a
matrimonial action where either party has a minor child, or a family court
proceeding under chapter [
584,
]

�
,
the court shall collect a
surcharge of $50 at the time of filing the initial complaint or petition.
�
In cases where the surcharge has been
initially waived, the court may collect the surcharge subsequent to the filing
with [
such
]
the
surcharge to be assessed from either party or
apportioned between both parties."

����
SECTION
21
.
�
Section 634-37, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�634-37
�
Presumption of notice and service of process
in child support cases.
�
Whenever
notice and service of process is required for child support enforcement
proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E,
580, or [
584,
]

�
,

upon a showing that diligent effort has been made to ascertain the location of
a party, notice and service of process shall be presumed to be satisfied upon
delivery of written notice to the most recent residential or employer address
on file with the state case registry pursuant to section 571-52.6."

����
SECTION 22.
�

Chapter 584, Hawaii Revised Statutes, is repealed.

����
SECTION 23.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

����
SECTION 24.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 25.
�
This Act shall take effect on January 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Uniform Parentage Act

Description:

Repeals the Uniform Parentage Act of 1973 and updates laws
relating to parentage, including enacting portions of the Uniform Parentage Act
of 2017.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.