The Adoption Process in Hawai’i: What Families Need to Know

Adoption in Hawai‘i: A Legal Path to Building Family

1. Who Can Adopt in Hawai‘i

Under HRS §578-1, “Any adult person or husband and wife jointly may petition the family court for leave to adopt a minor or other person as their child.”

That means:

• Single adults may adopt — you do not need to be married.

• Married couples must adopt jointly (unless one spouse is adopting the other’s biological child).

• Same-sex couples have the same rights to adopt as opposite-sex couples.

In short: Hawai‘i law focuses on your ability to provide a safe and loving home, not your marital status.

2. Filing the Petition for Adoption

The process begins with a Petition for Adoption, filed in the Family Court in the circuit where the child lives. The petition must include:

• The names, ages, and residences of the adoptive parent(s) and child.
• The name of each birth parent and their relationship to the child.
• Copies of the child’s birth certificate or other identifying documents.
• Written consents from birth parents (if required).

Once filed, the court assigns a case number and may schedule an initial status conference or hearing.

3. Consent and Notice Requirements

Hawai‘i law generally requires consents from the following people before an adoption can proceed:

• The child’s biological mother.

• The biological father, if he has legally established paternity.

• The child, if 10 years of age or older (unless the court waives consent).

• The legal guardian or agency if the child is under state custody.

However, consent may not be required if:

• A parent’s rights have been terminated by court order.

• A parent has abandoned the child.

• The court finds that the parent is unfit or incapable of caring for the child (this is often much more difficult to prove than people think).

The court will review all consents carefully to ensure they are voluntary, informed, and legally valid.

4. Home Study and Background Checks

In most adoptions (except some stepparent or close-relative adoptions), a home study is required. This evaluation, performed by the Department of Human Services, a licensed social worker, or adoption agency, assesses:

• The home environment and living conditions.

• The adoptive parent’s health, finances, and emotional readiness.

• Criminal background and child abuse clearances.

This report helps the court determine whether the adoption is in the child’s best interests.

For stepparent adoptions, the court may waive the home study requirement if it finds that it’s unnecessary due to an existing parent-child bond.

5. The Family Court Hearing

Once the home study and consents are complete, the court schedules a final adoption hearing.

During the hearing:

• The judge reviews the petition, reports, and all supporting documents.

• The adoptive parent(s) testify about their relationship with the child and their desire to adopt.

• The court may ask questions to confirm understanding of parental responsibilities.

If the judge determines that the adoption serves the child’s best interests, the court issues an Adoption Decree. This decree legally establishes the same rights and duties as a biological parent-child relationship.

6. Issuance of a New Birth Certificate

After the Decree of Adoption is finalized, the Hawai‘i Department of Health will issue a new birth certificate listing the adoptive parent(s) as the child’s legal parents.

The original birth certificate is sealed and can only be opened by court order or as allowed by HRS §578-14, which governs access to adoption records.

7. Types of Adoption in Hawai‘i

Stepparent Adoption

A common type of adoption where a stepparent adopts their spouse’s child. These cases are typically streamlined, especially if the noncustodial parent’s rights have been voluntarily relinquished or terminated.

Relative (Kinship) Adoption

When grandparents, aunts, uncles, or other relatives adopt a child already in their care. These adoptions often proceed faster due to established family relationships.

Agency and Private Adoptions

Handled through licensed adoption agencies or independent arrangements, with strict legal safeguards to ensure compliance with Hawai‘i law and federal regulations.

Adult Adoptions

Permitted under Hawai‘i law when both the adopting adult and the adoptee consent. Adult adoptions are often used to formalize long-term familial or caregiving relationships.

Hānai Adoptions

Hānai is a traditional Hawaiian practice of informal adoption — raising a child as one’s own without court proceedings. While culturally significant, a hānai arrangement does not automatically create legal parental rights. However, families can formalize the relationship through a legal adoption if they wish to secure full custody and inheritance rights.

8. Why Legal Representation Matters

While some adoptions may seem straightforward, even minor paperwork errors or missing consents can cause major delays. A Hawai‘i family law attorney can:

• Prepare and file all petitions, affidavits, and consents properly.

• Represent you in hearings and respond to the court’s questions.

• Coordinate with agencies and social workers for required reports.

• Ensure compliance with all notice and consent requirements under HRS §578.

At Doi/Luke, Attorneys at Law, we guide families through every stage of the adoption process — from the first petition to the final decree. Our firm looks to focus on the child’s best interests and family stability.

9. Final Thoughts

Adoption in Hawai‘i is not just a legal process — it’s a lifelong commitment built on love, stability, and family. The Family Court’s process ensures that every adoption provides a safe, nurturing environment for the child and that the rights of all parties are respected.

If you’re considering adoption in Honolulu or anywhere in Hawai‘i, our team at Doi/Luke, Attorneys at Law is ready to help you navigate the court process with care and experience.

Contact us today to schedule a consultation with an experienced Hawai‘i adoption attorney and take the next step toward growing your family.