Bill > SB1151

This bill establishes a comprehensive legal framework for assisted reproduction agreements in Hawaii, specifically focusing on gestational carrier arrangements. The bill defines key terms such as "assisted reproduction" (conception by means other than sexual intercourse), "gestational carrier" (a woman who agrees to carry a genetically unrelated embryo), and "intended parent" (an individual who intends to be legally bound as a parent). It requires that assisted reproduction agreements for gestational carriers include specific details like the agreement's date, origin of gametes, identity of intended parents, and medical expense coverage. The bill mandates that both the surrogate and intended parents must be represented by separate independent attorneys before executing the agreement, and the agreement must be notarized. The legislation provides a legal procedure for establishing parentage, allowing intended parents to file a court action before the child's birth to confirm their parental rights. The bill ensures that the gestational carrier and her spouse will not be considered legal parents of the child, and it includes provisions to protect the privacy of all parties involved by restricting access to legal documents related to the assisted reproduction agreement. Importantly, the bill establishes that such agreements are presumptively valid and cannot be rescinded without a court order, providing a clear and structured approach to assisted reproduction arrangements.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1151&year=2026