THE SENATE

S.B. NO.

1463

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to parentage.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

     "§584‑    Uniformity of application and construction.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

     §584‑    Short title.  This chapter may be cited as the "Uniform Parentage Act"."

     SECTION 2.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part III.  child of assisted reproduction

     §584-A  Scope of part.  This part does not apply to the birth of a child conceived by means of sexual intercourse.

     §584-B  Definitions.  As used in this part:

     "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse.  "Assisted reproduction" includes:

     (1)  Intrauterine insemination;

     (2)  Donation of eggs;

     (3)  Donation of embryos;

     (4)  In-vitro fertilization and transfer of embryos; and

     (5)  Intracytoplasmic sperm injection.

     "Donor" means a person who produces eggs or sperm used for assisted reproduction, whether or not for consideration.  "Donor" does not include:

     (1)  A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;

     (2)  A woman who gives birth to a child by means of assisted reproduction; or

     (3)  A parent pursuant to this part.

     §584-C  Parental status of donor.  Donors of eggs, sperm, or embryos are not the parents of a child conceived by means of assisted reproduction.

     §584-D  Parentage of child of assisted reproduction.  A person who provides eggs, sperm, or embryos for or consents to assisted reproduction as provided in section 584-E with the intent to be the parent of a child is a parent of the resulting child.

     §584-E  Consent to assisted reproduction.  (a)  The intended parent or parents shall consent to the assisted reproduction in a record signed by them before the placement of the eggs, sperm, or embryos.  Donors shall also consent to an assisted reproduction before retrieval of the donors' eggs or sperm.

     (b)  Failure of a parent to sign a consent required by subsection (a) does not preclude a finding of parentage if the parent, during the first two years of the child's life, resided in the same household with the child and openly held out the child as the parent's own.

     (c)  All papers relating to the assisted reproduction, whether part of a court, medical, or any other file, are subject to inspection only upon an order of the district court or with the consent, in a signed record, of:

     (1)  The donor or donors; and

     (2)  The parent or parents who consented to the assisted reproduction pursuant to subsection (a) or a child who was born as a result of the assisted reproduction pursuant to subsection (a) if the child is eighteen years of age or older.

     §584-F  Limitation on husband's dispute of paternity.  (a)  Except as otherwise provided in subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction shall not challenge his paternity of the child unless:

     (1)  Within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and

     (2)  The family court finds that he did not consent to the assisted reproduction, before or after the birth of the child.

     (b)  A proceeding to adjudicate paternity may be maintained at any time if the family court determines that:

     (1)  The husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;

     (2)  The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

     (3)  The husband never openly held out the child as his own.

     (c)  The limitation provided in this section applies to a marriage dissolved or declared invalid after assisted reproduction.

     §584-G  Effect of dissolution of marriage or withdrawal of consent.  (a)  If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse or partner is not a parent of the resulting child unless the former spouse or partner consented in a signed record that if assisted reproduction were to occur after a divorce, the former spouse or partner would be a parent of the child.

     (b)  Unless otherwise agreed in a signed record, the consent of a woman or a man to assisted reproduction may be withdrawn by that person in a signed record delivered to the other person at any time before placement of eggs, sperm, or embryos if the placement has not occurred within one year after the consent.  A person who withdraws consent pursuant to this section is not a parent of the resulting child.

     §584-H  Parental status of deceased person.  If a person who has consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased person is not a parent of the resulting child unless the deceased person consented in a signed record that if assisted reproduction were to occur after death, the deceased person would be a parent of the child.

     §584-I  Gestational agreements not authorized or prohibited.  (a)  This chapter does not authorize or prohibit an agreement between a woman and the intended parents:

     (1)  In which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and

     (2)  That provides that the intended parents become the parents of the child.

     (b)  If a birth results pursuant to a gestational agreement pursuant to subsection (a) and the agreement is unenforceable under other laws of the State of Hawaii, the parent and child relationship shall be determined pursuant to part I of this chapter."

     SECTION 3.  Chapter 584, Hawaii Revised Statutes, is amended by designating sections 584-1 through 584-3 as part I, entitled "General Provisions".

     SECTION 4.  Chapter 584, Hawaii Revised Statutes, is amended by designating sections 584-3.5 through 584-24 as part II, entitled "Parent and Child Relationship; Non-Reproductive Assisted".

     SECTION 5.  Section 584-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§584-3[]]  How parent and child relationship established.  The parent and child relationship between a child and:

     (1)  The natural mother may be established by proof of her having given birth to the child, or as otherwise established under this chapter;

     (2)  The natural father may be established under this chapter;

     (3)  The intended parent or parents by consenting to assisted reproduction pursuant to part III which resulted in the birth of the child; or

    [(3)] (4)  An adoptive parent may be established by proof of adoption."

     SECTION 6.  Section 584-25, Hawaii Revised Statutes, is repealed.

     ["[§584-25]  Uniformity of application and construction.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it."]

     SECTION 7.  Section 584-26, Hawaii Revised Statutes, is repealed.

     ["[§584-26]  Short title.  This chapter may be cited as the "Uniform Parentage Act"."]

     SECTION 8.  Sections 584-6, 584-8, 584-11, 584-14, 584‑17, 584-20, 584-21, 584-23.5, and 584-24, Hawaii Revised Statutes, are amended by substituting the words "this part" wherever the words "this chapter" appears, as the context requires.

     SECTION 9.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 10.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 11.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Uniform Parentage Act; Assisted Reproduction

 

Description:

Amends chapter 584, Hawaii Revised Statutes, to establish rules regarding the parental status of donors of eggs, sperm, or embryos and the requirements of consent to 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.