LGBT Surrogacy Laws in Hawaii

You can build your family through surrogacy as an LGBT intended parent in Hawaii, even without explicit statutory protections. Courts in Hawaii have consistently supported gay surrogacy laws and recognized parental rights for same-sex couples, making the Aloha State a welcoming option for LGBTQ+ family building. 

With experienced legal guidance and proper documentation, you can establish secure parental rights and welcome your baby with confidence. Get started today to explore your Hawaii surrogacy options. 

This guide answers your most pressing questions about LGBT surrogacy laws in Hawaii, from pre-birth orders to birth certificate processes, helping you understand exactly what to expect on your journey to parenthood. 

LGBT Surrogacy Laws in Hawaii and Establishing Parentage: Will We Get a Pre-Birth Order? 

No, Hawaii courts do not issue pre-birth orders for any intended parents, including LGBT couples. Hawaii only grants post-birth parentage orders after your baby is born. Understanding gay surrogacy laws in Hawaii means recognizing you’ll need to complete legal parentage procedures following delivery rather than securing your parental rights before birth. 

Who can obtain post-birth parentage orders in Hawaii: 

• Married heterosexual couples using their own egg and sperm 

• Unmarried heterosexual couples using their own egg and sperm 

• LGBT couples where at least one parent is genetically connected to the child 

• Single intended parents with a genetic connection 

The two-step process for donor gametes under LGBT surrogacy laws: 

• Only the biological parent can initially obtain the parentage order 

• The non-biological parent must complete a stepparent or second parent adoption 

• This applies to both heterosexual and LGBT couples using donor materials 

This post-birth system actually provides strong legal protection. Courts in Hawaii have historically granted parentage through court-approved arrangements, making the state viable for many families. While gay surrogacy laws don’t provide pre-birth certainty, Hawaii’s court system has established precedents supporting intended parents’ rights. 

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Hawaii? 

Yes, but it requires a two-step process under Hawaii’s LGBT surrogacy laws. The non-biological parent must complete a second parent adoption after the biological parent obtains their parentage order. This applies whether you’re married or unmarried—Hawaii’s adoption procedures don’t discriminate based on sexual orientation. 

Key facts about second parent adoption in Hawaii: 

• Courts will grant adoptions to same-sex couples 

• Success can depend on the specific judge 

• Most LGBT couples find this process straightforward with experienced attorneys 

• You can complete the adoption in Hawaii or your home state 

The timing matters under gay surrogacy laws: first, the genetically connected parent establishes their legal rights through the post-birth parentage order. Then, their partner can immediately begin the adoption process. Working with an experienced reproductive law attorney is critical to ensuring both steps proceed smoothly. 

Consider working with LGBT-experienced surrogacy agencies that understand this two-step legal process and can connect you with attorneys who have successfully guided gay couples through Hawaii’s system. 

What If We’re Not Married — Can We Both Be Legal Parents? 

Hawaii law recognizes parentage for same-sex couples regardless of marriage status, with recent legislative updates in 2021 strengthening these protections for unmarried LGBT couples. In April 2021, the Hawaii Legislature passed bill HB1096 to recognize parentage for same-sex couples who are unmarried. 

Marriage status considerations under LGBT surrogacy laws: 

• Biological parent: Marriage not required for post-birth parentage order 

• Non-genetic parent: Must complete second parent adoption regardless of marriage status 

• Married couples may find slightly more streamlined processes 

• Courts have shown consistent support for LGBT family formation 

For couples using donor gametes under gay surrogacy laws: 

• Only the biological parent gets the initial parentage order 

• Partner must adopt regardless of marriage status 

• Process is the same for married and unmarried couples 

Getting married during or after your surrogacy journey can sometimes streamline certain legal processes, but it’s not a requirement for establishing parental rights in Hawaii. Working with experienced LGBT surrogacy programs ensures you understand your specific path. 

I’m a Single Parent — Can I Still Be Declared the Legal Parent in Hawaii? 

Absolutely. Hawaii permits surrogacy for all individuals regardless of sexual orientation, including single intended parents. As a single LGBT parent, you’ll follow the same post-birth parentage process as couples under gay surrogacy laws. 

Single parent options: 

• Using your own egg or sperm with donor gametes: Can obtain post-birth parentage order 

• Using donor eggs and donor sperm: May need adoption process instead of parentage order 

• Same legal recognition and support as couples 

• No discrimination based on relationship status 

Special considerations for single parents under LGBT surrogacy laws: 

• Hawaii requires genetic connection for standard parentage orders 

• Using only donor materials may complicate the legal process 

• Working with experienced legal counsel ensures you understand your path 

• The state’s LGBT-friendly climate supports single parents 

The state’s LGBT-friendly climate means single gay, lesbian, bisexual, or queer parents receive the same support and legal recognition as any other intended parent pursuing surrogacy. 

How Will Our Names Appear on the Birth Certificate in Hawaii? 

Same-sex couples can be listed as “parent” and “parent” on their child’s birth certificate in Hawaii. The state accommodates LGBT families by allowing flexible parent designations rather than requiring traditional “mother” and “father” labels under gay surrogacy laws. 

Birth certificate options for LGBT couples: 

• “Parent” and “Parent” 

• “Father” and “Father” for gay male couples 

• “Mother” and “Mother” for lesbian couples 

• Flexible designations based on your preferences 

Important requirements under LGBT surrogacy laws: 

• Both parents must complete legal processes (parentage order plus adoption when needed) 

• Both names appear on final amended birth certificate 

• Hawaii Vital Records may honor second parent adoption orders for married couples or civil unions 

• Proper legal representation ensures accurate documentation 

Working with experienced LGBT surrogacy attorneys ensures your birth certificate accurately reflects your family and parental rights from day one. 

How Long Will It Take to Get the Birth Certificate? 

Hawaii requires post-birth court proceedings to establish parentage, and timing varies based on court schedules and case complexity. Most families receive their final birth certificate within several weeks to a few months after birth under gay surrogacy laws. 

Timeline factors: 

• Court hearing schedules vary by jurisdiction 

• Complexity of your specific case affects timing 

• Genetic parent orders typically process faster than adoptions 

• Second parent adoptions may take additional time but can run concurrently 

Who Must Attend Court Hearings 

The judge determines attendance requirements under LGBT surrogacy laws, typically including: 

• Gestational carrier (required) 

• Surrogate’s spouse, if applicable (usually required) 

• Intended parents (may be required if donor gametes were used) 

• Attorneys for all parties 

Planning for this timeline helps ensure you have temporary documentation for immediate needs like hospital discharge and travel, while the permanent birth certificate is processed. 

Do We Need a Second Parent Adoption After Surrogacy in Hawaii? 

Yes, if you’re the non-genetic parent in an LGBT couple, you’ll need to complete a second parent adoption to secure your legal rights under gay surrogacy laws. This requirement applies regardless of marriage status, though married couples may find slightly more streamlined processes. 

Key points about second parent adoption: 

• Required for non-genetic parents in LGBT couples 

• Courts in Hawaii grant adoptions to same-sex couples 

• Success can depend on the specific judge 

• Most LGBT families working with experienced attorneys complete this successfully 

Where to complete the adoption under LGBT surrogacy laws: 

• In Hawaii (if you prefer to handle everything in one state) 

• In your home state (if you’re not Hawaii residents) 

• Flexibility helps avoid extended stays for legal proceedings 

Why Second Parent Adoption Matters 

Without completing the adoption under gay surrogacy laws, the non-genetic parent might face challenges with: 

• Medical decision-making authority 

• Travel with the child (especially international) 

• School enrollment and educational decisions 

• Insurance and benefits coverage 

• Inheritance and custody rights 

Learn more about parental rights and how second parent adoption protects your family. 

How Surrogacy Contracts Protect LGBT Parents in Hawaii 

While Hawaii doesn’t have explicit surrogacy contract statutes, courts have historically enforced well-drafted agreements.

Your surrogacy contract serves as the foundation for legal protection throughout your journey, especially important for LGBT intended parents navigating Hawaii’s post-birth legal process under gay surrogacy laws. 

Essential Contract Provisions for LGBT Families 

Parental rights protections under LGBT surrogacy laws: 

• Clear declarations supporting court approval for post-birth orders 

• Provisions for second parent adoption processes 

• Timeline outlines for establishing parentage after birth 

Decision-making authority: 

• Medical decisions during pregnancy 

• Emergency situation protocols 

• Birth plan preferences and hospital procedures 

Anti-discrimination safeguards under gay surrogacy laws: 

• Non-discrimination clauses protecting your sexual orientation 

• Surrogate commitment to LGBT family support 

• Clear expectations for respectful treatment 

Legal procedure support: 

• Framework for court proceedings 

• Attorney coordination requirements 

• Documentation and evidence preparation 

Surrogacy contracts must be created by separate attorneys for intended parents and surrogates to ensure both parties’ interests are protected. This legal requirement provides additional safeguards for LGBT families. 

Working with attorneys experienced in LGBT surrogacy laws ensures your contract addresses Hawaii-specific requirements and protects your path to parentage. 

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Hawaii 

Hawaii’s Marriage Act prohibits surrogacy agencies from discriminating against gay couples, ensuring equal access to surrogacy services. However, working with LGBT-specialized agencies provides advantages beyond legal compliance under gay surrogacy laws. 

Benefits of Professional Agency Support 

Pre-screened matches: 

• Surrogates enthusiastic about helping LGBT families 

• Background checks, medical screening, and psychological evaluations completed 

• No matching with surrogates who have different values than your family 

Legal expertise under LGBT surrogacy laws: 

• Connections with attorneys experienced in Hawaii gay surrogacy laws 

• Guidance through post-birth parentage processes 

• Support for second parent adoption requirements 

Faster timelines: 

• Priority matching with surrogates who seek LGBT intended parents 

• Reduced waiting times compared to general matching 

• Streamlined processes from experienced teams 

Comprehensive support under gay surrogacy laws: 

• Post-birth assistance through legal procedures 

• Coordination between medical, legal, and administrative teams 

• Access to nationwide surrogate networks if desired 

Special Considerations for LGBT Matching 

Some surrogates specifically seek to work with LGBT intended parents, recognizing the discrimination many couples face and wanting to prioritize these families. Professional agencies facilitate these meaningful connections under LGBT surrogacy laws. 

Connect with LGBT-friendly agencies that work with surrogates and intended parents nationwide. If you want additional legal protections not available locally, they can match you with a surrogate in another surrogacy-friendly state. 

Professional agency support proves especially valuable when navigating Hawaii’s post-birth legal requirements and ensuring your family formation journey proceeds smoothly. 

Finding an LGBT-Friendly Surrogacy Attorney in Hawaii 

Hawaii has qualified reproductive law attorneys who understand the unique needs of LGBT intended parents under gay surrogacy laws. Working with experienced legal counsel is critical for successfully navigating Hawaii’s post-birth parentage system. 

Recommended Legal Professionals 

Carol E. Lockwood 
Location: Honolulu 
Firm: Schlack Ito LLLC 
Specialization: Family law with emphasis on adoption and assisted reproductive technology, including surrogacy 
Experience: Member of the American Academy of Assisted Reproductive Technology Attorneys (Quad A) with extensive experience in Hawaii reproductive law. She has provided legal guidance on surrogacy matters through local media and maintains strong relationships with Hawaii’s fertility clinics. 
Contact Information: (808) 523-6043 | clockwood@schlackito.com | Schlack Ito LLLC 

Additional Legal Resources 

For comprehensive legal support under LGBT surrogacy laws, many agencies work with networks of qualified attorneys nationwide: 

• Reproductive Law Center: Works with attorneys throughout Hawaii and provides specialized assistance with surrogacy and parental rights law 

• Agency-recommended attorneys: When working with professional surrogacy agencies, many include legal costs in their program fees, eliminating surprise bills 

What to Look for in LGBT Surrogacy Attorneys 

Essential qualifications under gay surrogacy laws: 

• Experience with Hawaii’s specific post-birth parentage system 

• Understanding of LGBT family formation challenges 

• Success with second parent adoption processes 

• Membership in reproductive law organizations like Quad A 

Questions to ask potential attorneys about LGBT surrogacy laws: 

• How many LGBT surrogacy cases have you handled in Hawaii? 

• What’s your success rate with second parent adoptions? 

• How do you coordinate with out-of-state intended parents? 

• What’s the typical timeline for completing legal procedures? 

Choose attorneys who understand both Hawaii’s specific legal landscape and the unique considerations for LGBT families pursuing surrogacy. 

How to Get Started With LGBT Surrogacy in Hawaii 

Ready to begin your family-building journey? Hawaii’s supportive legal environment and LGBT-friendly community make it an excellent choice for surrogacy. The state’s historic commitment to LGBTQ+ rights, including being among the first to legalize same-sex marriage, creates a welcoming environment for family building under gay surrogacy laws. 

Your Next Steps 

1. Connect with experienced professionals 
   Find LGBT-specialized agencies that understand Hawaii’s post-birth legal requirements. Look for agencies with proven track records helping LGBT couples establish parentage. 

2. Schedule legal consultations 
   Meet with reproductive law attorneys who have successfully helped LGBT couples establish parentage in Hawaii. Discuss your specific situation and understand the timeline for post-birth procedures under LGBT surrogacy laws. 

3. Review your legal strategy 
   Understand Hawaii’s approach to gay surrogacy laws and how the post-birth parentage system affects your timeline and planning. If you’ll need second parent adoption, discuss timing and requirements with your legal team. 

4. Plan your medical approach 
   Work with Hawaii fertility clinics experienced in LGBT family building. Consider whether you’ll use your own gametes or need donor materials, as this affects your legal pathway under LGBT surrogacy laws. 

The path to parenthood through surrogacy in Hawaii is well-established for LGBT families under gay surrogacy laws. With proper planning and experienced support, your Hawaiian surrogacy journey can lead to secure legal parentage and the family you’ve dreamed of. 

Start your journey today with professionals who understand both Hawaii’s legal landscape and your unique needs as an LGBT intended parent.