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Surrogacy Laws in Hawaii

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    Basics

    • Some states have strict laws on surrogacy when it comes to issues of same-sex couples and singles bringing a child into the world. Hawaii has no restrictions of this type. Contracts made between the surrogate and the parents are handled on a case-by-case basis.

    Qualifications

    • If a Hawaiian woman is looking to be a surrogate, she must meet certain criteria to qualify. The woman must be at least 21-years-old, but not older than 38 years of age. She must have no record of abusing alcohol or illegal drugs. Also, a woman must have given birth to a baby before. Those with no previous pregnancies will not qualify to be a surrogate. The potential surrogate's financial state and mental health are also taken into consideration.

    Responsibility

    • In Hawaii, the prospective parents, not the surrogate are legally responsible for the child after birth. If the parents decide they no longer wish to have a child when the surrogate gives birth, the parents are solely responsible for all financial and legal aspects of putting the baby up for adoption.

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