Yes, surrogacy is legal in Hawaii, but it operates under a patchwork of statutes and case law rather than a single comprehensive law. The Hawaii Supreme Court’s 1998 In re Baby M decision established precedent favoring gestational surrogacy agreements, while the 2023 In re Baby G ruling reinforced parental rights via pre-birth orders. The Hawaii Department of Health’s Vital Records Office enforces birth certificate amendments post-delivery, aligning with the 2026 Uniform Parentage Act (UPA) draft, which may standardize future compliance.
Key Regulations for Surrogacy in Hawaii
- Gestational surrogacy only: Traditional surrogacy (genetic link to surrogate) is unenforced due to Baby M’s prohibition on compensation beyond reasonable expenses. Gestational carriers must lack genetic ties to the child.
- Pre-birth orders permitted: Courts issue parentage decrees before birth, but finalization requires post-birth judicial confirmation, per In re Baby G (2023). The 2026 UPA draft may streamline this process.
- Compensation caps: Surrogates may receive “reasonable” expenses (e.g., medical, legal, lost wages), but Hawaii’s Insurance Commissioner’s 2024 bulletin limits commercial fees to $25,000–$35,000, excluding brokerage fees.