HRS §584A-909

Parentage when an intended parent dies

Read the official text at capitol.hawaii.gov ↗

This section explains what happens to parentage if an intended parent in a gestational surrogacy agreement dies. If the death happens before the embryo or gamete transfer, the intended parent is not the child's parent unless the agreement says otherwise and the transfer or birth happens within certain time limits. If the death happens after the transfer but before birth, the rules from the earlier section still apply.

The statute, as written — Gestational surrogacy agreement; parentage of deceased intended parent

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) Section 584A-908 shall apply to an intended parent even if the intended parent dies during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in section 584A-911, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (1) The agreement provides otherwise; and (2) The transfer of a gamete or embryo occurs no later than thirty-six months after the death of the intended parent, or the birth of the child occurs no later than forty-five months after the death of the intended parent.

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§584A-908 Who is the legal parent when a surrogate has a baby

§584A-911 When a surrogacy agreement is enforceable and what happens if it is broken

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