Gestational-surrogacy agreements
Hawaii Revised Statutes chapter 584A provides a statutory framework for gestational-surrogacy agreements. An agreement that satisfies the statutory requirements is enforceable, subject to the protections and exceptions in the law.
Medical autonomy
The statute does not allow specific performance to force a gestational surrogate to undergo an embryo transfer, terminate or continue a pregnancy, or submit to medical procedures. The surrogate remains the patient and retains control over her medical decisions.
Parentage
The updated law provides rules for parentage under qualifying gestational-surrogacy agreements and permits a court proceeding before, on or after birth for orders addressing parentage and birth-record information. The exact procedure should still be confirmed for the specific case.
What this means for a surrogate
Because the framework is recent, use independent Hawaii reproductive counsel to review the current statute, agreement requirements, compensation and expenses, insurance, medical autonomy and expected parentage procedure before treatment begins.