THE SENATE S.B. NO. 1151 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to assisted reproduction. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 1151
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.B. NO.
1151
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to assisted reproduction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter assisted reproduction agreements § -1 Definitions. As used in this chapter, unless the context otherwise requires: "Assisted reproduction" means conception by any means other than sexual intercourse. "Assisted reproduction agreements" means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. "Donor" means a woman who provides oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children. "Gestational carrier" means a woman who is not an intended parent and who agrees to gestate a genetically unrelated embryo pursuant to an assisted reproduction agreement. "Intended parent" means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. "Surrogate" means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in this chapter. "Surrogate" includes gestational carriers and traditional surrogates. "Traditional surrogate" means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or another arranged by the intended parent or parents. § -2 Assisted reproduction agreements. (a) An assisted reproduction agreement for gestational carriers shall include but not be limited to all of the following information: (1) The date on which the assisted reproduction agreement for gestational carriers was executed; (2) The persons from whom the gametes originated, unless donated gametes were used, in which case the assisted reproduction agreement shall not need to specify the name of the donor but shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all; (3) The identity of the intended parent or parents; and (4) Disclosure of how the intended parents will cover the medical expenses of the gestational carrier and of the newborn or newborns. If health care coverage is used to cover those medical expenses, the disclosure shall include a review of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the gestational carrier, third-party liability liens or other insurance coverage, and any notice requirements that could affect coverage or liability of the gestational carrier. The review and disclosure shall not constitute legal advice. If coverage of liability is uncertain, a statement of that fact shall be sufficient to meet the requirements of this section. (b) Prior to executing the written assisted reproduction agreement for gestational carriers, a surrogate and the intended parent or intended parents shall be represented by separate independent licensed attorneys of their choosing. (c) The assisted reproduction agreement for gestational carriers shall be executed by the parties and the signatures on the assisted reproduction agreement for gestational carriers shall be notarized or witnessed by an equivalent method of affirmation as required in the jurisdiction where the assisted reproduction agreement for gestational carriers is executed. (d) The parties to an assisted reproduction agreement for gestational carriers shall not undergo an embryo transfer procedure, or commence injectable medication in preparation for an embryo transfer for assisted reproduction purposes, until the assisted reproduction agreement for gestational carriers has been fully executed as required by subsections (b) and (c). § -3 Establishment of parentage. (a) An action to establish the parent and child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers may be filed before the child's birth and may be filed in the circuit where the child is anticipated to be born, circuit where the intended parent or intended parents reside, circuit where the surrogate resides, circuit where the assisted reproduction agreement for gestational carriers is executed, or circuit where medical procedures pursuant to the agreement are to be performed. A copy of the assisted reproduction agreement for gestational carriers shall be lodged in the court action filed for the purpose of establishing the parent and child relationship. The parties to the assisted reproduction agreement for gestational carriers shall attest, under penalty of perjury, and to the best of their knowledge and belief, as to the parties' compliance with this chapter in entering into the assisted reproduction agreement for gestational carriers. Submitting those declarations shall not constitute a waiver of the lawyer-client privilege. (b) A notarized assisted reproduction agreement for gestational carriers signed by all the parties, with the attached declarations of independent attorneys, and lodged with the family court in accordance with this section, shall rebut any presumptions of parentage under sections 584-1, 584-3(1), and 584-4 as to the gestational carrier surrogate, or the gestational carrier surrogate's spouse or partner, being a parent of the child or children. (c) Upon petition of any party to a properly executed assisted reproduction agreement for gestational carriers, the family court shall issue a judgment or an order establishing a parent and child relationship, whether pursuant to section 584-6 or otherwise. The judgment or order may be issued before or after the child's or children's birth subject to the limitation that the enforcement of the judgment or order shall be stayed until the birth of the child. Subject to proof of compliance with this chapter, the judgment or order shall establish the parent and child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, and the surrogate's spouse or partner, is not a parent of, and has no parental rights or duties with respect to, the child or children. The judgment or order shall be issued without further hearing or evidence, unless the family court or a party to the assisted reproduction agreement for gestational carriers has a good faith, reasonable belief that the assisted reproduction agreement for gestational carriers or attorney declarations were not executed in accordance with this chapter. Upon motion by a party to the assisted reproduction agreement for gestational carriers, the matter shall be scheduled for hearing before a judgment or an order is issued. This chapter shall not prevent a court from finding and declaring that the intended parent is, or intended parents are, the parent or parents of the child where compliance with this chapter has not been met; however, the court shall require sufficient proof entitling the parties to the relief sought. (d) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this chapter shall not be open to inspection by any person other than the parties to the proceeding and their attorneys and the department of human services, except upon the written authority of a judge of the family court. A judge of the family court shall not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition, or any portion of those documents, except in exceptional circumstances and where necessary. The petitioner may be required to pay the expense of preparing the copies of the documents to be inspected. (e) Upon the written request of any party to the proceeding and the order of any judge of the family court, the clerk of the court shall not provide any documents referred to in subsection (d) for inspection or copying to any other person, unless the name of the gestational carrier or any information tending to identify the gestational carrier is deleted from the documents or copies thereof. (f) An assisted reproduction agreement for gestational carriers executed in accordance with this chapter is presumptively valid and shall not be rescinded or revoked without a court order. For purposes of this chapter, any failure to comply with the requirements of this chapter shall rebut the presumption of the validity of the assisted reproduction agreement for gestational carriers." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
assisted reproduction agreements
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Assisted reproduction" means conception by any means other than sexual intercourse.
"Assisted reproduction agreements" means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract.
"Donor" means a woman who provides oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children.
"Gestational carrier" means a woman who is not an intended parent and who agrees to gestate a genetically unrelated embryo pursuant to an assisted reproduction agreement.
"Intended parent" means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.
"Surrogate" means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in this chapter. "Surrogate" includes gestational carriers and traditional surrogates.
"Traditional surrogate" means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or another arranged by the intended parent or parents.
§ -2 Assisted reproduction agreements. (a) An assisted reproduction agreement for gestational carriers shall include but not be limited to all of the following information:
(1) The date on which the assisted reproduction agreement for gestational carriers was executed;
(2) The persons from whom the gametes originated, unless donated gametes were used, in which case the assisted reproduction agreement shall not need to specify the name of the donor but shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all;
(3) The identity of the intended parent or parents; and
(4) Disclosure of how the intended parents will cover the medical expenses of the gestational carrier and of the newborn or newborns. If health care coverage is used to cover those medical expenses, the disclosure shall include a review of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the gestational carrier, third-party liability liens or other insurance coverage, and any notice requirements that could affect coverage or liability of the gestational carrier. The review and disclosure shall not constitute legal advice. If coverage of liability is uncertain, a statement of that fact shall be sufficient to meet the requirements of this section.
(b) Prior to executing the written assisted reproduction agreement for gestational carriers, a surrogate and the intended parent or intended parents shall be represented by separate independent licensed attorneys of their choosing.
(c) The assisted reproduction agreement for gestational carriers shall be executed by the parties and the signatures on the assisted reproduction agreement for gestational carriers shall be notarized or witnessed by an equivalent method of affirmation as required in the jurisdiction where the assisted reproduction agreement for gestational carriers is executed.
(d) The parties to an assisted reproduction agreement for gestational carriers shall not undergo an embryo transfer procedure, or commence injectable medication in preparation for an embryo transfer for assisted reproduction purposes, until the assisted reproduction agreement for gestational carriers has been fully executed as required by subsections (b) and (c).
§ -3 Establishment of parentage. (a) An action to establish the parent and child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers may be filed before the child's birth and may be filed in the circuit where the child is anticipated to be born, circuit where the intended parent or intended parents reside, circuit where the surrogate resides, circuit where the assisted reproduction agreement for gestational carriers is executed, or circuit where medical procedures pursuant to the agreement are to be performed. A copy of the assisted reproduction agreement for gestational carriers shall be lodged in the court action filed for the purpose of establishing the parent and child relationship. The parties to the assisted reproduction agreement for gestational carriers shall attest, under penalty of perjury, and to the best of their knowledge and belief, as to the parties' compliance with this chapter in entering into the assisted reproduction agreement for gestational carriers. Submitting those declarations shall not constitute a waiver of the lawyer-client privilege.
(b) A notarized assisted reproduction agreement for gestational carriers signed by all the parties, with the attached declarations of independent attorneys, and lodged with the family court in accordance with this section, shall rebut any presumptions of parentage under sections 584-1, 584-3(1), and 584-4 as to the gestational carrier surrogate, or the gestational carrier surrogate's spouse or partner, being a parent of the child or children.
(c) Upon petition of any party to a properly executed assisted reproduction agreement for gestational carriers, the family court shall issue a judgment or an order establishing a parent and child relationship, whether pursuant to section 584-6 or otherwise. The judgment or order may be issued before or after the child's or children's birth subject to the limitation that the enforcement of the judgment or order shall be stayed until the birth of the child. Subject to proof of compliance with this chapter, the judgment or order shall establish the parent and child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, and the surrogate's spouse or partner, is not a parent of, and has no parental rights or duties with respect to, the child or children. The judgment or order shall be issued without further hearing or evidence, unless the family court or a party to the assisted reproduction agreement for gestational carriers has a good faith, reasonable belief that the assisted reproduction agreement for gestational carriers or attorney declarations were not executed in accordance with this chapter. Upon motion by a party to the assisted reproduction agreement for gestational carriers, the matter shall be scheduled for hearing before a judgment or an order is issued. This chapter shall not prevent a court from finding and declaring that the intended parent is, or intended parents are, the parent or parents of the child where compliance with this chapter has not been met; however, the court shall require sufficient proof entitling the parties to the relief sought.
(d) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this chapter shall not be open to inspection by any person other than the parties to the proceeding and their attorneys and the department of human services, except upon the written authority of a judge of the family court. A judge of the family court shall not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition, or any portion of those documents, except in exceptional circumstances and where necessary. The petitioner may be required to pay the expense of preparing the copies of the documents to be inspected.
(e) Upon the written request of any party to the proceeding and the order of any judge of the family court, the clerk of the court shall not provide any documents referred to in subsection (d) for inspection or copying to any other person, unless the name of the gestational carrier or any information tending to identify the gestational carrier is deleted from the documents or copies thereof.
(f) An assisted reproduction agreement for gestational carriers executed in accordance with this chapter is presumptively valid and shall not be rescinded or revoked without a court order. For purposes of this chapter, any failure to comply with the requirements of this chapter shall rebut the presumption of the validity of the assisted reproduction agreement for gestational carriers."
SECTION 2. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: Equality Caucus; Assisted Reproduction Agreements; Determinations of Parentage; Procedure Description: Establishes a streamlined procedure for determining parentage in cases of assisted reproduction. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Equality Caucus; Assisted Reproduction Agreements; Determinations of Parentage; Procedure
Description:
Establishes a streamlined procedure for determining parentage in cases of assisted reproduction.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.