Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Hawaii may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Hawaii child adoption law including the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 578-2(a)
Written consent to a proposed adoption must be executed by:
The
mother of the child
A legal father
An adjudicated father whose relationship to the child has been determined by a court
A presumed father
A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern, or responsibility as to the welfare of a child
Any person or agency having legal custody of the child or legally empowered to consent
The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 578-2(a)(8)
A child age 10 older must consent, unless the court, in the child's best interest, dispenses with the need for the child to consent.
When Parental Consent is not Needed
Citation: Rev. Stat. § 578-2
Consent is not required from the following:
A parent who has deserted a child without affording means of identification for a period of 90 days
A parent who has voluntarily surrendered the care and custody of the child to another for a period of 2 years
A parent, whose child is in the custody of another, who has failed for a period of at least 1year to communicate with the child or provide for the care and support of the child when able to do so
A natural father who was not married to the child's mother at the time of the child's conception or birth and has not established paternity
A parent whose parental rights have been judicially terminated
A parent judicially declared mentally ill, mentally retarded, or incapacitated from giving consent
Any legal guardian or custodian who is found by the court to be withholding consent unreasonably
When Consent Can Be Executed
Citation: Rev. Stat. § 571-61
The petition [for relinquishment] may be filed at any time following the mother's sixth month of pregnancy. No judgment may be entered upon a petition concerning an unborn child until after the birth of
the child and the petitioners have filed a written reaffirmation of their desires to relinquish and the petitioners have been given not less than 10 days notice of a proposal for the entry of judgment
and an opportunity to be heard in connection with such proposal.
Revocation of Consent
Citation: Rev. Stat. § 578-2(f)
Consent cannot be withdrawn after the child is placed with prospective adoptive parents, unless the court finds it would be in the child's best interest.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 584-6(a)(1); 571-61(b)
The putative father must file within 30 days after the child's birth if the mother relinquishes the child for adoption during the 30 day period.
The putative father may file any time:
Prior to the date of the execution of a valid consent to the child's adoption by the mother
Prior to placement of the child with adoptive parents
No later than 3 years after the child reaches the age of majority
If the court finds that good cause exists why notice should not be given, the court may terminate the rights of the putative father if:
The father is not the legal, adjudicated, or presumed father.
The father has not demonstrated a reasonable degree of interest in, or concern or responsibility for the child.
Please visit adoption law in Hawaii for more details. |