The process for parentage in Hawaii can be difficult and stressful. You’ll find information and links on our site that may help you figure out your direction. Doi/Luke, Islandlawyers is located in Honolulu, Hawaii, and we have handled countless paternity cases over the last 35+ years.
NOTE: effective January 1, 2026, the State of Hawaii replaced it’s paternity statute, Hawai’i Revised Statutes chapter 584, with Hawai’i Revised Statutes chapter 584A, the Hawai’i Uniform Parentage Act. Among other things, the Hawai’i UPA provides for gender-neutral language (such as for same-sex parents) and addresses assisted reproduction/surrogacy situations. On this page, references to “paternity” and “parentage” may be used interchangeably.
Parentage in Hawaii is a legal determination that an individual is the parent of a child if that individual and the child’s other parent were not married at the time of the child’s birth. Until parentage is established that person may not have legal rights over that child. Besides establishing a individual’s legal parental rights, parentage is often needed to establish custody and visitation as well as child support for that child.
Paternity in Hawaii can be established in different ways:
Once parentage is established for an individual, that person then has custody and visitation rights over that child. The newly-established parent may also have obligation to financially support that child, such as with child support. Also, after the establishment of parentage, the State of Hawaii Department of Human Services (“DHS”) may have the right to pursue that parent for reimbursement, if DHS has provided financial assistance to the other parent and/or child. The other parent of the child may also have the right to pursue back child support against the newly-established parent.
If there is a dispute as to whether or not the presumed parent (typically the father) of the child is actually the child’s biological parent, a DNA, or genetic test may be ordered by the Court. The genetic test will typically produce a result that clearly states whether that person is the actual father of the child. When a genetic test is given, DNA samples are generally taken from the mother, the presumed father, and the child. The results of the genetic test typically take about 4-6 weeks after DNA samples are taken from all the parties. Fortunately, in recent years the costs of DNA testing has dropped significantly.
If you are served with a petition for parentage (prior to January 1, 2026, this was a “petition for paternity”), the petition will be attached to another document called a SUMMONS. The summons will have instructions as to what you need to do next, including filing a response to the complaint and showing up at a hearing. Typically, you do not have a substantial amount of time to do these things. The best course of action is to speak to an attorney, but whatever you do, you need to act quickly.
If you are the mother of a child who does not have parentage established over the other parent, the filing of parentage will allow you to establish custody, pursue current child support, and possibly back child support owed since the time of your child’s birth, birth expenses for your child, as well as medical insurance for your child.
If you are an individual who is the parent of a child but does not have parentage established (usually but not always, a father), the filing of parentage will allow you to have legal rights, including possible custody or visitation rights, of your child, as well as child support orders.
Children can benefit by ensuring rights of inheritance, or being able to prove ethnic lineage (such as in applying for Kamehameha Schools, for example). Both parents can benefit from the fixing of specific timesharing/visitation schedules for the child, avoiding messy disputes. We can help you file for the rights of both you and your child.
Child support can be modified at: (1) the Family Court (“judicially”); or (2) the Child Support Enforcement Agency (“administratively”). Pursuing a modification in the Family Court requires the filing of a motion (a request to the Court), while pursuing a modification at CSEA requires filling out an Application for Services with the Agency. There are plusses and minuses to both routes — going through the Family Court is usually faster, often is more complicated for unrepresented parties, and can bring in other non-child support issues, such as custody or visitation. Going through CSEA is typically slower, but is designed to be easier for people who are unrepresented, and is limited to discussing child support and medical insurance only.
Prior to scheduling a consultation, it is very helpful to work on one of our questionnaires, to assist us in understanding your situation. Clicking below will download our Paternity Questionnaire, as well as the Paternity Financial Information sheet, in Adobe(R) Acrobat(R), or .pdf format:
• Paternity Questionnaire
• Paternity Financial Information sheet (Family Court form)
If you do not have Adobe Acrobat(R) or Adobe Acrobat Reader(R), you can go to the
Adobe (R) website to get Adobe Acrobat Reader(R) for free.
Whether you are a father or a mother, if you are seeking to address parentage of a child or establishing custody/visitation or child support orders, it is important to discuss your options and possibilities with an experienced attorney.
If you’d like to set up a consultation with one of our lawyers to talk about a parentage/paternity matter, please call us at (808) 593-2199 or e-mail us at office@islandlawyers.com.
