Haw. Rev. Stat. § 584A-101
Short title
This chapter may be cited as the Uniform Parentage Act.
Hawaii Revised Statutes Chapter 584A
Hawaii · statute · Haw. Rev. Stat. ch. 584A · 65 active provisions
Haw. Rev. Stat. § 584A-102
Definitions
As used in this chapter: "Acknowledged parent" means an individual who has established a parent-child relationship under part IV. "Adjudicated parent" means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction. "Alleged genetic parent" means an individual who is alleged to be, o…
Haw. Rev. Stat. § 584A-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.
Haw. Rev. Stat. § 584A-201
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 576B, or chapter 583A. The action may be joined with an action for divorce, annulment, separate maintenance, or support. (b) An individual who has sexual intercourse, und…
Haw. Rev. Stat. § 584A-202
Parentage determinations from other states and territories
Parentage determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a parentage adjudication in this State. A determination addressing only parentage in another state shall not preclude a court in…
Haw. Rev. Stat. § 584A-203
Who may bring action; when action may be brought; 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 m…
Haw. Rev. Stat. § 584A-204
Representation of child; action if public assistance moneys are paid; child support enforcement agency
The child may be made a party to the action and may be represented by the child's general guardian or a guardian ad litem appointed by the court. The child's parent shall not represent the child as guardian or otherwise. Subject to section 584A-203, each individual presumed to be a parent under section 584A-303 and the…
Haw. Rev. Stat. § 584A-301
Establishment of parent-child relationship
A parent-child relationship is established between an individual and a child if: (1) The individual gives birth to the child, except as otherwise provided in part IX; (2) There is a presumption under section 584A-303 of the individual's parentage of the child, unless the presumption is overcome in a judicial proceeding…
Haw. Rev. Stat. § 584A-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.
Haw. Rev. Stat. § 584A-303
Presumption of parentage
(a) An individual is presumed to be a parent of a child if: (1) Except as otherwise provided under part IX or the law of this State other than this chapter: (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…
Haw. Rev. Stat. § 584A-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 presumed parent may sign an acknowledgment of parentage to establish the parentage of the child.
Haw. Rev. Stat. § 584A-402
Execution of acknowledgment of parentage
(a) An acknowledgment of parentage under section 584A-401 shall: (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; (2) State that the chi…
Haw. Rev. Stat. § 584A-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 foll…
Haw. Rev. Stat. § 584A-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.…
Haw. Rev. Stat. § 584A-502
Pretrial recommendations
(a) On the basis of the information produced at the pretrial hearing held pursuant to section 584A-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…
Haw. Rev. Stat. § 584A-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 cr…
Haw. Rev. Stat. § 584A-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…
Haw. Rev. Stat. § 584A-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 pretrial proceedings, including genetic tests, subject to section 584A-703, to be paid by the parties in proportions and at times determined by the court.
Haw. Rev. Stat. § 584A-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…
Haw. Rev. Stat. § 584A-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 584A-504(c) and (d) and 584A-506(b); provided that a court entering a judgment or order for the payment of a lump sum or the purchase of an an…
Haw. Rev. Stat. § 584A-508
Hearings and records; confidentiality
(a) Notwithstanding any other law concerning public hearings and records, unless the court orders otherwise, any hearing or trial in a case filed on or before January 1, 2021, under chapter 584, before its repeal, and any hearing or trial held to establish parentage under part VIII or IX shall be held in closed court w…
Haw. Rev. Stat. § 584A-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 co…
Haw. Rev. Stat. § 584A-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 584A-401, the department of health shall prepare a new birth certificate consistent with the findings of the court or in cases of acknowledgment under section 584A-401, consis…
Haw. Rev. Stat. § 584A-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.
Haw. Rev. Stat. § 584A-512
Filing of acknowledgments and adjudications with department of health
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 pare…
Page 1 of 3Next →