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HB611
HOUSE OF REPRESENTATIVES
H.B. NO.
611
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to assisted reproduction
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
assisted reproduction agreements
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Definitions.
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As used in this chapter, unless the context
otherwise requires:
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"Assisted
reproduction" means conception by any means other than sexual intercourse.
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"Assisted
reproduction agreements" means a written contract that includes a person
who intends to be the legal parent of a child or children born through assisted
reproduction and that defines the terms of the relationship between the parties
to the contract.
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"Donor"
means a woman who provides oocytes for use by another for the purpose of
assisting the recipient of the oocytes in having a child or children.
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"Gestational
carrier" means a woman who is not an intended parent and who agrees to
gestate a genetically unrelated embryo pursuant to an assisted reproduction
agreement.
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"Intended
parent" means an individual, married or unmarried, who manifests the
intent to be legally bound as the parent of a child resulting from assisted
reproduction.
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"Surrogate"
means a woman who bears and carries a child for another through medically
assisted reproduction and pursuant to a written agreement, as set forth in this
chapter.
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"Surrogate" includes
gestational carriers and traditional surrogates.
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"Traditional
surrogate" means a woman who agrees to gestate an embryo, in which the
woman is the gamete donor and the embryo was created using the sperm of the
intended father or another arranged by the intended parent or parents.
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Assisted reproduction agreements.
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(a)
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An
assisted reproduction agreement for gestational carriers shall include but not
be limited to all of the following information:
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(1)
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The date on which the assisted reproduction
agreement for gestational carriers was executed;
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(2)
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The persons from whom the gametes originated,
unless donated gametes were used, in which case the assisted reproduction
agreement shall not need to specify the name of the donor but shall specify
whether the donated gamete or gametes were eggs, sperm, or embryos, or all;
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(3)
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The identity of the intended parent or parents;
and
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(4)
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Disclosure of how the intended parents will
cover the medical expenses of the gestational carrier and of the newborn or
newborns.
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If health care coverage is
used to cover those medical expenses, the disclosure shall include a review of
the health care policy provisions related to coverage for surrogate pregnancy,
including any possible liability of the gestational carrier, third-party
liability liens or other insurance coverage, and any notice requirements that
could affect coverage or liability of the gestational carrier.
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The review and disclosure shall not constitute
legal advice.
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If coverage of liability
is uncertain, a statement of that fact shall be sufficient to meet the
requirements of this section.
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(b)
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Prior to executing the written assisted
reproduction agreement for gestational carriers, a surrogate and the intended
parent or intended parents shall be represented by separate independent
licensed attorneys of their choosing.
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(c)
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The assisted reproduction agreement for
gestational carriers shall be executed by the parties and the signatures on the
assisted reproduction agreement for gestational carriers shall be notarized or
witnessed by an equivalent method of affirmation as required in the
jurisdiction where the assisted reproduction agreement for gestational carriers
is executed.
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(d)
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The parties to an assisted reproduction
agreement for gestational carriers shall not undergo an embryo transfer
procedure, or commence injectable medication in preparation for an embryo
transfer for assisted reproduction purposes, until the assisted reproduction
agreement for gestational carriers has been fully executed as required by subsections
(b) and (c).
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Establishment of parentage.
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(a)
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An
action to establish the parent and child relationship between the intended
parent or parents and the child as to a child conceived pursuant to an assisted
reproduction agreement for gestational carriers may be filed before the child's
birth and may be filed in the circuit where the child is anticipated to be
born, circuit where the intended parent or intended parents reside, circuit
where the surrogate resides, circuit where the assisted reproduction agreement
for gestational carriers is executed, or circuit where medical procedures
pursuant to the agreement are to be performed.
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A copy of the assisted reproduction agreement for gestational carriers
shall be lodged in the court action filed for the purpose of establishing the
parent and child relationship.
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The
parties to the assisted reproduction agreement for gestational carriers shall
attest, under penalty of perjury, and to the best of their knowledge and
belief, as to the parties' compliance with this chapter in entering into the
assisted reproduction agreement for gestational carriers.
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Submitting those declarations shall not
constitute a waiver of the lawyer-client privilege.
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(b)
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A notarized assisted reproduction agreement
for gestational carriers signed by all the parties, with the attached
declarations of independent attorneys, and lodged with the family court in
accordance with this section, shall rebut any presumptions of parentage under
sections 584-1, 584-3(1), and 584-4 as to the gestational carrier surrogate, or
the gestational carrier surrogate's spouse or partner, being a parent of the
child or children.
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(c)
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Upon petition of any party to a properly
executed assisted reproduction agreement for gestational carriers, the family court
shall issue a judgment or an order establishing a parent and child
relationship, whether pursuant to section 584-6 or otherwise.
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The judgment or order may be issued before or
after the child's or children's birth subject to the limitation that the
enforcement of the judgment or order shall be stayed until the birth of the
child.
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Subject to proof of compliance
with this chapter, the judgment or order shall establish the parent and child
relationship of the intended parent or intended parents identified in the
surrogacy agreement and shall establish that the surrogate, and the surrogate's
spouse or partner, is not a parent of, and has no parental rights or duties
with respect to, the child or children.
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The
judgment or order shall be issued without further hearing or evidence, unless
the family court or a party to the assisted reproduction agreement for
gestational carriers has a good faith, reasonable belief that the assisted
reproduction agreement for gestational carriers or attorney declarations were
not executed in accordance with this chapter.
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Upon motion by a party to the assisted
reproduction agreement for gestational carriers, the matter shall be scheduled
for hearing before a judgment or an order is issued.
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This chapter shall not prevent a court from
finding and declaring that the intended parent is, or intended parents are, the
parent or parents of the child where compliance with this chapter has not been
met; however, the court shall require sufficient proof entitling the parties to
the relief sought.
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(d)
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The petition, relinquishment or consent,
agreement, order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the clerk of the court
pursuant to this chapter shall not be open to inspection by any person other
than the parties to the proceeding and their attorneys and the department of
human services, except upon the written authority of a judge of the family
court.
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A judge of the family court shall
not authorize anyone to inspect the petition, relinquishment or consent,
agreement, order, report to the court from any investigating agency, or power
of attorney or deposition, or any portion of those documents, except in
exceptional circumstances and where necessary.
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The petitioner may be required to pay the
expense of preparing the copies of the documents to be inspected.
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(e)
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Upon the written request of any party to the
proceeding and the order of any judge of the family court, the clerk of the
court shall not provide any documents referred to in subsection (d) for
inspection or copying to any other person, unless the name of the gestational
carrier or any information tending to identify the gestational carrier is
deleted from the documents or copies thereof.
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(f)
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An assisted reproduction agreement for
gestational carriers executed in accordance with this chapter is presumptively
valid and shall not be rescinded or revoked without a court order.
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For purposes of this chapter, any failure to
comply with the requirements of this chapter shall rebut the presumption of the
validity of the assisted reproduction agreement for gestational carriers."
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SECTION 2.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Equality
Caucus; Assisted Reproduction Agreements; Determinations of Parentage;
Procedure
Description:
Establishes
a streamlined procedure for determining parentage in cases of assisted
reproduction.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.