Adopting a Child in Hawaii

An unmarried adult, a person married to the child's legal parent, or a married couple jointly may petition the family court of the circuit where they live or are in military service, where the child lives or was born, or where the placing agency is located. Written consent is generally required from the birthing parent, a legal, adjudicated or presumed non-birthing parent, a natural parent who showed reasonable interest in the child early on, any person or agency with legal custody, and the child if over 10 (unless the court dispenses with it). Consent is not needed from a parent who, among other grounds, deserted the child for 90 days without identification, surrendered care for two years, or for at least a year failed to communicate with or support a child in someone else's custody when able. Before a decree, the court notifies the Department of Human Services, which investigates the petitioners' fitness and reports, unless the court waives this in the child's best interest.

A person married to the child's legal parent may petition alone to adopt. The other legal parent must consent unless an exception applies, such as failing for at least a year to communicate with or support the child when able, or having parental rights terminated. The legal parent married to the petitioner must appear at the hearing unless excused. The Department of Human Services investigation applies unless the court waives it in the child's best interest; the statute has no separate automatic waiver for stepparents.