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HRS §584A-901

Definitions for surrogacy agreements

This section defines key terms used in the surrogacy rules. It explains who is a genetic surrogate, who is a gestational surrogate, and what a surrogacy agreement is. These definitions apply to the rest of the part.

The statute, as written — Definitions

As used in this part: "Genetic surrogate" means an individual who is capable of carrying a pregnancy to term and giving birth to a child, who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual's own gamete, under a genetic surrogacy agreement as provided in this part. "Gestational surrogate" means an individual who is capable of carrying a pregnancy to term and giving birth to a child, who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual's own, under a gestational surrogacy agreement as provided in this part. "Surrogacy agreement" means an agreement between one or two intended parents and an individual who is capable of carrying a pregnancy to term and giving birth to a child and who is not an intended parent in which the individual agrees to become pregnant through assisted reproduction and provides that any intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, "surrogacy agreement" refers to both a gestational surrogacy agreement and a genetic surrogacy agreement.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.