The Cove state guide
Statutory frameworkHawaii's updated Uniform Parentage Act took effect on January 1, 2026 and expressly addresses gestational surrogacy. It provides an agreement-based parentage framework with eligibility, representation and consent protections.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Hawaii's parentage law, effective January 1, 2026, permits a single intended parent to use the gestational surrogacy framework. The parent must be at least 21 and have independent legal representation. A genetic connection is not required; compliant agreements support parentage at birth and a confirming court order.
Sources 352Hawaii's 2026 framework recognizes intended parents regardless of marital status. Both partners should be identified in and sign the agreement, with counsel protecting their interests separately from the carrier. Each can be a legal parent at birth under a compliant arrangement even if only one, or neither, provides gametes.
Sources 245Hawaii's new framework provides a statutory route for two intended fathers, without requiring marriage or a genetic connection. Both must satisfy the intended-parent requirements and join the agreement. The resulting parentage order should identify both fathers and address the carrier's and any spouse's nonparentage.
Sources 2346Two intended mothers using a separate gestational carrier can use Hawaii's 2026 law, whether married or unmarried. The eligibility provision expressly covers intended parents without a genetic relationship. Identify both mothers and the donor arrangements in the legal documents; one partner carrying the pregnancy involves a different parentage route.
Sources 325Hawaii's agreement process can cover nonresident parents when another party resides there. If nobody is resident, at least one specified medical evaluation, procedure or mental-health consultation must occur in Hawaii, and all parties must consent to Hawaii jurisdiction. Citizenship and recognition abroad need a separate legal plan.
Sources 47How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
Hawaii's modernized law covers intended parents regardless of marital status. Every intended parent must join the agreement; parents may share counsel with each other, but their representation must be independent of the carrier's. Marriage alone does not supply the required contractual consent.
Section 584A-902 expressly allows intended parents with or without a genetic relationship to the child. Gestational surrogacy uses eggs from someone other than the carrier. Donor arrangements and carrier arrangements should be documented separately so each person's intended legal role is clear.
The state connection can come from a resident party. If all parties live elsewhere, at least one medical evaluation, procedure or mental-health consultation under the agreement must occur in Hawaii and each party must consent to Hawaii courts' jurisdiction.
A compliant gestational agreement is enforceable under Act 298. The law requires a qualifying Hawaii connection, independent legal representation and completion of the agreement before covered medical procedures.
For a compliant gestational agreement, intended parentage arises at birth under § 584A-908. A court may issue an order before, on or after birth; enforcement of a pre-birth order waits until birth. Genetic surrogacy has additional rules and is outside this guide's scope.
The agreement may include reasonable financial arrangements and a compensation schedule. It must also address legal, medical and other required surrogacy-related expenses.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
