This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
Hawaii Legal Guide to Surrogacy — Surrogate: An In-Depth Overview Introduction: In the beautiful state of Hawaii, the practice of surrogacy has gained recognition and popularity among those seeking to start or expand their families. This comprehensive guide provides valuable insights into the various aspects of surrogacy in Hawaii, offering a detailed description of what Hawaii Legal has to offer in terms of surrogacy services and regulations. From the different types of surrogacy arrangements available to the legal considerations and steps involved, this guide aims to equip individuals and couples with the knowledge they need to navigate the surrogacy process successfully. 1. Types of Surrogacy: a. Traditional Surrogacy: This type of surrogacy involves a surrogate mother who is genetically related to the child she carries. In traditional surrogacy, the surrogate's eggs are usually used, and she is artificially inseminated with the intended father's sperm. b. Gestational Surrogacy: In gestational surrogacy, the surrogate mother has no genetic relation to the child she carries. The embryo is created using either the intended parents' genetic material or through the use of a donor egg or sperm. The embryo is then transferred to the surrogate's uterus via in vitro fertilization (IVF). 2. Legal Considerations: a. Surrogacy Agreement: In Hawaii, a detailed surrogacy agreement is essential to establish the rights and obligations of all parties involved, including the intended parents and the surrogate. The agreement typically covers compensation, medical expenses, and parental rights. b. Parental Establishment: After the birth of the child, intended parents must take necessary legal steps to establish their parental rights. This often involves obtaining a court order or completing a gestational agreement, depending on the specific circumstances. c. Pre-birth Order: Hawaii allows intended parents to obtain a pre-birth order, which legally recognizes them as the parents of the child before birth. This beneficial process ensures a smoother transition of legal parental rights after the child's arrival. 3. Requirements and Restrictions: a. Age and Marital Status: Hawaii does not have any specific age or marital status restrictions for intended parents pursuing surrogacy. b. Medical Requirements: Some fertility clinics or surrogacy agencies may require intended parents to meet certain medical criteria, such as being free from certain medical conditions or illnesses. c. Compensation: Hawaii allows for limited compensation to be given to the surrogate mother for her time, effort, and expenses related to the surrogacy process. However, commercial surrogacy, where substantial compensation is given, is not permitted. 4. Hawaii Legal's Surrogacy Services: a. Expert Guidance: Hawaii Legal provides professional guidance and support throughout the surrogacy process, ensuring that intended parents and surrogates are well-informed and protected. b. Matching Process: Hawaii Legal employs a comprehensive matching process to match intended parents with compatible and qualified surrogate mothers, taking into account their preferences, medical history, and other considerations. c. Legal Assistance: Hawaii Legal offers legal assistance, helping intended parents and surrogates draft the necessary legal agreements and navigate the complexities of Hawaii's surrogacy laws. Conclusion: Embarking on a surrogacy journey in Hawaii can bring dreams of parenthood to reality. By understanding the different types of surrogacy and the legal considerations involved, individuals and couples can make informed decisions throughout the process. Hawaii Legal serves as a valuable resource for those interested in surrogacy, providing comprehensive guidance, matching services, and legal support to ensure a successful and fulfilling surrogacy experience.
