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Hawai'i Adoption Laws, Page 3

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Who Must Consent to an Adoption

Statute: § 578-2(a)

  • The mother
  • A legal father
  • An adjudicated or presumed father
  • A natural father who demonstrates a reasonable degree of interest
  • Any person or agency having legal custody; or the court having jurisdiction over the child's custody
  • The court if the legal guardian is not empowered to consent

Age When Consent of Adoptee is Considered or Required

Statute: § 578-2(a)(8)

  • A child 10 years of age or 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

Statute: § 578-2(c)

  • A parent has:
    • Deserted the child for 90 days
    • Voluntarily surrendered care and custody of the child to another person for 2 years
    • Failed to support or contact the child for 1 year
    • Had parental rights terminated, pursuant to § 587-73
    • Been declared mentally ill or retarded

When Consent Can Be Executed

Statute: § 571-61

  • Consent may be given following the 6th month of pregnancy, provided that no judgment may be entered until after the birth of the child and petitioners have reaffirmed their desire to relinquish the child.

How Consent Must Be Executed

Statute: § 578-8

  • No adoption decree shall be granted without a hearing at which anyone who needs to consent must appear, unless expressly excused by the court.

Revocation of Consent

Statute: § 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  • Consent cannot be withdrawn after the child is placed with prospective adoptive parents, unless the court finds it would be in the child's best interest.
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Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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