Hawaii just replaced its old, informal surrogacy practice with a brand-new, detailed law.
Is surrogacy legal in Hawaii?
Yes. As of January 1, 2026, Hawaii has a comprehensive new surrogacy law that covers married, unmarried, and single , regardless of gender or genetic connection to the baby. Before this, Hawaii had no dedicated surrogacy statute at all — so this is a genuinely new and much clearer chapter for the state.
Can a surrogate be paid?
Yes. The new law lets the surrogate be paid, not just for expenses.
A few requirements come first:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate and intended parents each have their own independent lawyer
- Everyone completes a medical and mental health evaluation
How do intended parents become the legal parents?
Hawaii allows a court order of parentage before the baby is born, with enforcement starting at birth. Once the process is followed, the intended parents are the legal parents automatically — no adoption needed.
A few practical things to know
- Brand-new law: Hawaii's framework only took effect January 1, 2026, so older information about Hawaii surrogacy is now out of date.
- Who's covered: no marital-status or genetic-connection requirement for intended parents.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Hawaii insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Hawaii's law is brand new, so it's worth getting the most current details from an attorney.
Before signing any , talk to a lawyer who specializes in reproductive law in Hawaii. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.