Hawaii Adoption Laws
By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 24, 2024
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Adoption is more than a life-changing event. It is a legal process that establishes a parent-child relationship under the law. Anyone considering an adoption should be aware of the process. State law governs adoptions, so we must turn to Hawaii's adoption law to understand adoptions in this state.
This FindLaw article will explore Hawaii's adoption laws.
Adoption Basics
Most states have similar regulations and laws on adoption, including who may adopt and special requirements for adoptive parents. There are minor differences between states, but most adoption statutes are uniform. For example, in almost all states, prospective adoptive parents must meet the state eligibility criteria, including background checks and home studies. In most states, the adoption is only final after a court approves the petition.
Hawaii's adoption laws apply to the following types of adoption:
- Domestic adoption
- International adoption
- Foster care adoption
- Step-parent adoption
- Kinship adoption
- Adult adoption
Adoption Criteria
In the State of Hawaii, a person is eligible to adopt if they meet the following criteria:
- An adult
- An adult married to the "legal birthing parent" of a minor child
- Married couple
Prospective adoptive parents must file their adoption petition in the family or circuit court as follows:
- Where they live or are in military service
- Where the prospective adoptee lives or was born
- Where the approved child-placing agency is
Prospective adoptive parents must be able to financially support the adopted child and provide a stable home for the child.
Consent
Several parties must consent to the adoption before a court can finalize it. Giving consent is a routine part of the adoption process as this effectively terminates the natural parent's rights. They include, but are not limited to, the following:
- The birthing parent (birth mother and birth father) of the child
- An adjudicated non-parent (as determined by a court)
- A presumed non-birthing parent (child born in a marriage)
- Any agency or person with legal custody of the child or legal authority to consent
- The court, if it has jurisdiction over the child's custody, where the child's legal guardian or custodian can't consent
- Children over 10, unless the court dispenses with their consent (for the best interests of the child)
- For adult adoptions, the adult and their spouse (if any) must consent
The birth parents can give consent to the adoption as early as the birth mother's sixth month of pregnancy.
Types of Adoption
Hawaii's adoption laws apply to the following six types of adoptions:
- Domestic adoption
- International adoption
- Foster care adoption
- Step-parent adoption
- Kinship adoption
- Adult adoption
Domestic Adoptions
As the term suggests, domestic adoptions happen throughout the United States. This includes adoptions facilitated through the Hawaiian Department of Human Services and privately facilitated adoptions. The Interstate Compact on the Placement of Children will govern out-of-state adoptions.
International Adoptions
International adoptions, by contrast, involve adopting a child from a different country. They are often complex because they also involve immigration laws and processes.
Foster Care Adoptions
In foster care adoptions, prospective adoptive parents select a child in Hawaii's foster care system.
Step-Parent Adoptions
In step-parent adoptions, the step-parent adopts their spouse's child.
Kinship Or Close-Relative Adoptions
Kinship or close-relative adoptions involve the adopted child's siblings, grandparents, and aunts or uncles who want to adopt the child permanently. Hawaii allows for "Hanai" adoptions or adoptions arising out of Hawaiian culture. The term means adopting children into a home under Hawaiian culture, not a court of law.
Adult Adoptions
Adult adoptions often give adult adoptees a chance at having a permanent family.
State Adoption Procedures
You must undergo an adoption home study once you meet the eligibility criteria for adoption in Hawaii. This study aims to help the court determine the placement suitable for a child. The home study will examine the following:
- If your home safe and ideal for a child (for example, do you have a bedroom for the child)
- Whether you can provide for the child
- If this placement is in the child's best interests
The home study will include an interview and a background check. The background check will examine the following:
- Your finances
- Criminal records
- Any history of child abuse or neglect
The court may order a post-placement study to ensure that the adoptive family can still provide for the child.
Post-Placement and Finalization
Adoptive parents must undergo an adoption finalization hearing to finalize the adoption. If the court orders one, adoptive families also undergo a post-placement home study. If you have met all the criteria to adopt and the court agrees that the adoption is in the child's best interest, the court will sign a final adoption decree.
The final adoption decree should include a name change for your child. The adoption is officially complete once you get the child's birth certificate with the name change, if any. The Hawaii Department of Health issues birth certificates for international adoptions.
Adoption Statutes in Hawaii
Below are some highlights of Hawaii's adoption laws, including regulations on who may adopt, child consent requirements, and the relevant procedures.
Code section |
§578-1 to 17 of the Hawaii Revised Statutes |
---|---|
Who may be adopted |
Any person |
Age that child's consent needed |
10 and older; if a married adult, consent of spouse also |
Who may adopt |
Any proper adult person, not married or married to the legal parent of a minor or spouses jointly. |
Home residency required before finalization of adoption? |
No |
State agency/court |
Human Services/Family |
Statute of limitations to challenge |
One year |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Get Legal Help With an Adoption
Adoption is a complicated process. An adoption attorney can help you navigate the entire adoption process. They can review your case and give you sound legal advice. Speak to an experienced Hawaii adoption attorney today.
Next Steps: Search for a Local Attorney
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