HRS §584A-908
Who is the legal parent when a surrogate has a baby
When a child is born through a gestational surrogacy agreement, the intended parents automatically become the legal parents. The surrogate and her spouse are not the parents. If the child might be the surrogate's genetic child, the court orders genetic testing and uses other rules to decide parentage.
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The statute, as written — Parentage under gestational surrogacy agreement
(a) Except as otherwise provided in subsection (c), section 584A-909(b), or section 584A-911, upon birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent shall be, by operation of law, a parent of the child. (b) Except as otherwise provided in subsection (c) or section 584A-911, neither a gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child. (c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of said individual who agreed to be a gestational surrogate, parentage shall be determined based on parts I through VII. (d) Except as otherwise provided in subsection (c), section 584A-909(b), or section 584A-911, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to either intended parent or to a donor who donated gametes to the intended parent or parents, each intended parent, and not the gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.
Sections this one refers to
§584A-909 Parentage when an intended parent dies
§584A-911 When a surrogacy agreement is enforceable and what happens if it is broken
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