Is compensated surrogacy legal in Hawaii?
Yes. Hawaii permits compensated gestational surrogacy arrangements, supported by both statute and established court practice.
Are pre-birth parentage orders available?
Yes. Hawaii courts have a consistent practice of issuing parentage orders for gestational surrogacy arrangements, typically before or shortly after birth.
What the law requires
Written agreement
A surrogacy contract executed before medical procedures begin.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming readiness for the embryo transfer process.
Mental health consultation
Psychological screening as part of the standard process.
"Hawaii's surrogacy practice has been consistent for years, which gives both surrogates and intended parents a reasonably predictable process to work with."
Who can be an intended parent in Hawaii
Hawaii's legal framework applies to single individuals, married couples, and same-sex couples pursuing surrogacy.
What this means for you as a surrogate
Hawaii offers a workable, supportive legal environment for surrogacy. As always, your independent attorney will explain exactly how the process applies to your situation.