Should HB 1193 be enacted, it will significantly update the legal definitions and processes surrounding parentage in Hawaii. This includes establishing clearer guidelines for situations where traditional family structures do not apply, such as in the case of assisted reproduction or surrogacy. The bill also repeals the outdated Uniform Parentage Act of 1973, thus modernizing the statutes that govern family law in the state. Notably, it ensures that children have the same legal rights regardless of their parents' relationship status—an important step in fostering equality in family law. However, the bill could also face challenges related to its interpretations of parentage and individual rights, particularly concerning donors and surrogates.
Summary
House Bill 1193 aims to reform Hawaii's existing parentage laws to align more closely with modern family structures and reproductive technology. The bill proposes to adopt key elements of the Uniform Parentage Act of 2017, promoting equal treatment for children born to same-gender couples and introducing the concept of functional parents in legal terms. Moreover, it aims to clarify the definitions and legal responsibilities associated with parentage, particularly in contexts involving surrogacy and assisted reproductive technology. By doing so, the bill seeks to create a legal framework that more accurately reflects current societal norms and advancements in family planning.
Contention
The introduction of HB 1193 is expected to provoke discussion, particularly regarding the provisions for functional parents and the implications of surrogacy regulations. Some stakeholders may argue that the changes dilute traditional definitions of parenthood, while others might advocate for the necessary legal recognition of diverse family constructs. Additionally, the bill’s approach to assisted reproductive technologies could raise queries about the balance between ensuring legal rights for all parties involved while protecting the interests and wellbeing of children. Overall, while HB 1193 seeks to enhance parental recognition and rights in alignment with current societal values, it opens the door to significant legal and ethical debates.
In proceedings prior to petition to adopt, further providing for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing for paternity and for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; and providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.
In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.
Adding provisions relating to establishment of parent-child relationship for certain individuals; providing for voluntary acknowledgment of parentage, for registry of paternity, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors.
Assisted reproduction rights and responsibilities updated, surrogacy agreement requirements created, and recordkeeping and information sharing provided for genetic donation.