Haw. Rev. Stat. § 584A-902
Eligibility to enter gestational or genetic surrogacy agreement
Hawaii · Hawaii Revised Statutes Chapter 584A · Status: effective
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- Citation
- Haw. Rev. Stat. § 584A-902, Eligibility to enter gestational or genetic surrogacy agreement, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2428952
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Full text
(a) To execute a surrogacy agreement to act as a gestational surrogate or genetic surrogate, an individual who is capable of carrying a pregnancy to term and giving birth to a child shall:
(1) Have attained twenty-one years of age;
(2) Previously have given birth to at least one child;
(3) Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;
(4) Complete a mental health consultation by a licensed mental health professional; and
(5) Have independent legal representation of the individual's choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement.
(b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall have:
(1) Attained twenty-one years of age; and
(2) Independent legal representation of the intended parent's or parents' choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the surrogacy agreement; provided that the intended parents may be jointly represented if desired.