Hawaiʻi modernizes parentage law, strengthening protections for LGBTQIA+ families

A new landmark state law effective Jan. 1 modernizes Hawaiʻi’s parentage laws, updating decades-old statutes to reflect the realities of today’s families and significantly strengthens legal protections for LGBTQIA+ parents and their children.

Hawaiʻi State LGBTQ+ Commission welcomes Act 298.

“For too long, many of Hawaiʻi’s LGBTQIA+ families have faced unnecessary legal uncertainty simply because our laws failed to reflect how families are actually formed,” said Hawaiʻi State LGBTQ+ Commission Vice Chairman and Legislative Lead Michael Golojuch Jr. in a release about the new law’s enactment. “Act 298 brings Hawaiʻi’s parentage laws into the present and centers the best interests of the keiki, regardless of their parents’ gender, sexual orientation or marital status.”

Key protections and impacts

Modern, gender-neutral parentage standards

Act 298 replaces outdated, gendered assumptions about “mothers” and “fathers” with inclusive, gender-neutral definitions of parentage. This ensures children of same-gender couples and diverse family structures are treated equally under the law.

Clear pathways to legal parentage

The law expands and clarifies multiple ways to establish legal parentage, including:

• Voluntary acknowledgment of parentage, allowing parents — including same-gender couples — to establish legal parentage without lengthy or costly court proceedings.
• Adjudicated parentage, providing courts with modern, equitable standards when parentage is contested.

These changes reduce the need for second-parent adoptions that LGBTQIA+ families historically relied on to secure legal recognition.

Recognition of families formed through assisted reproduction and surrogacy

Act 298 updates Hawaiʻi law to reflect current medical practices such as in vitro fertilization, sperm or egg donation and gestational surrogacy. Parents — regardless of gender or marital status — are provided clearer legal recognition and protections.

Greater stability for children

By focusing on intent, caregiving and the realities of family life, the law promotes stability, continuity of care and access to benefits such as health insurance, inheritance and survivor benefits for children in LGBTQIA+ families.

Privacy and dignity

The legislation includes confidentiality protections in parentage proceedings, helping safeguard the privacy and dignity of families navigating sensitive legal processes.

Why this matters

Hawaiʻi State LGBTQ+ Commission says Act 298 represents a major step forward in ensuring equity, dignity and legal certainty for LGBTQIA+ families throughout Hawaiʻi.

It affirms all families deserve equal recognition and children should never be placed at risk because of outdated legal frameworks.

“The commission applauds the [Hawaiʻi] Legislature and community advocates who worked tirelessly to make this law a reality,” said Hawaiʻi State LGBTQ+ Commission Chairperson Sandy Harjo Livingston in the release. “This is a meaningful advancement for LGBTQIA+ parents, their children and all families who call Hawaiʻi home.”

Contact Hawaiʻi State LGBTQ+ Commission via email at dhs@dhs.hawaii.gov or call Hawaiʻi Department of Human Services at 855-643-1643 for additional information about Act 298 and its implementation.