Surrogacy in Hawaii
Like many other states on the mainland, in Hawaii, there are no specifics local laws addressing the legality of commercial surrogacy. Because of that, you may be unsure whether surrogacy journeys are possible or advisable. Fear not, however, even though there are no specific laws addressing surrogacy in Hawaii, it is generally assumed that surrogacy agreements are treated similarly to any other legal contract under the law. In fact, the surrogacy process in Hawaii is similar to that of many other states. Despite the lack of surrogacy laws on the books, professionals in the state have developed protocols and standards. Your attorney can make sure a journey done in Hawaii is completed legally, ethically, and successfully. As long as both parties agree to proceed with a surrogacy agreement, surrogacy can usually be completed responsibly with adequate protections for both sides.
How do you know if surrogacy is right for you? This takes a lot of soul searching with yourself, your family and your doctors, as well as, carefully considering the legal advice of a qualified Assisted Reproduction attorney. Surrogacy has requirements in place to protect both Intended Parents and surrogates. It’s important that you learn what those are as you begin the possibility of a surrogacy arrangement. This blog is a good starting point, however, nothing provided below or on other websites can replace the professional you will receive from an Assisted Reproduction attorney who is charged with looking out for your interests. Your attorney can tell you how to proceed with surrogacy in the Aloha state. Here’s a directory as a reference; if your state is not listed check back soon.
Surrogacy contracts consider the state the surrogate is a resident of, but if you’re thinking about asking a potential surrogate to move from another state to Hawaii, or to move from Hawaii to another state to access more surrogacy-friendly laws: don’t. This is ethically questionable and can have significant consequences for you and any resulting child(ren), including the potential of jeopardizing claims concerning legal parentage.
Is commercial surrogacy legal in Hawaii?
Absolutely. Though Hawaii does not have specific laws covering compensated surrogacy, there are a history of practice including ethical standards established by lawyers in the state and across the country who are well versed in assisted reproduction law and how to protect the interests of their clients. This includes attorneys that represent Intended Parents, as well as, attorneys that represent surrogates. Traditional surrogacy (where the surrogate is biologically related to the child she is carrying) as opposed to gestational surrogacy (where the surrogate shares no genetic relationship to the child) is allowed, but strongly discouraged because of the added risk of the biological connection between the carrier and child(ren).
What should you decide on before entering the legal phase? How you feel about medical matters including location of delivery, vaccinations, and abortion, what a fair compensation looks like, and how the pregnancy should be handled in terms of medications and diet/lifestyle among other considerations.
Do you need to use a surrogacy agency to match with potential surrogates and Intended Parents?
Absolutely not. There are tons of surrogates and Intended Parents who prefer going independent. It’s always an option.
What types of families can be created via surrogacy?
While there’s no restrictions for surrogacy based on marital status or sexual orientation in the state, there are some hurdles families in Hawaii may face vs. some other states. Pre-birth orders are generally not granted, while post-birth orders are not granted to any Intended Parents not genetically related to the child (e.g. using an egg or sperm donor). This means any non-biologically related parent (even if married to an Intended Parent who is biologically related) will need to go through a post-birth adoption process. If neither parent is related, both will need to adopt their child(ren) after birth.
I believe I’m qualified to be a surrogate in Hawaii, but I’m still learning
This is understandable, there’s a lot that goes into determining if you’re qualified. We’ve created a short quiz to help potential surrogates get informed about some of the requirements.
Some of the qualifications most surrogates should meet
- You are interested in surrogacy beyond the financial aspect. You have a sincere desire to help other people and you find joy in being pregnant.
- You are done creating your own family and feel complete.
- You are no receiving any type of financial assistance from the government.
- You do not use illegal drugs and are willing to forgo alcohol during your journey.
- Your overall health is excellent. You have a normal BMI and you are between the ages of 21-44.
- Your pregnancy history does not include any significant complications.
- You are willing to take hormones/medications as prescribed.
You may meet these qualifications, but only your Intended Parent(s)’s Reproductive Endocrinologist can make the final call via a formal evaluation.
The process generally follows this timeline: matching (find the perfect partner to do your journey with!), medical and legal negotiations and contract signing, and, finally, embryo transfer. Surrogates must always be free to choose their own attorney with Intended Parents footing the bill.
Here’s a great run down of the overall process.
Ever wonder why so many surrogates prefer Independent matching? We’ve provided some of the many reasons.
Check out our how to become a surrogate guide.
Using Surrogacy Place in Hawaii
Surrogacy Place was developed with custom matching in mind. If you know what you’re looking for you can use our platform to tailor your search accordingly. Looking for surrogates in Hawaii specifically? Try searching by location.
While Surrogacy Place’s database and search tools are free for surrogates, Intended Parents will need to pay a small subscription fee to access most of the site’s features. Ready to begin? Start by creating an account.
Why choose independent surrogacy in Hawaii?
Deciding to embark on an independent surrogacy journey offers numerous benefits for Intended Parents, one of which is the significant cost savings. By bypassing agencies that typically take a large portion of the Intended Parents’ budget, more funds can be allocated towards directly compensating the surrogate. Using a database to independently match allows for a process custom based on specific criteria, such as location. Many Intended parents and surrogates enjoy communicating directly throughout the journey, ensuring that their needs and thoughts are heard and taken into consideration. In contrast, agencies and their employees may not provide an ideal match as they’re limited to who is in their database at the time. Going independent can also protect Intended Parents from sales tactics that provide few assurances and prioritize financial gain over finding an ideal match.
Need a rundown of the typical costs associated with surrogacy? We have one here.
Looking for surrogacy information for another state? Explore our surrogacy by state directory.