HRS §584A-916
Who is the parent if an intended parent dies
This section explains who is a parent when a child is born through a genetic surrogacy agreement and an intended parent dies. If the intended parent dies after the embryo or egg and sperm are transferred, they are still the parent. If they die before the transfer, they are not the parent unless the agreement says otherwise and the transfer or birth happens within the time limits stated in the agreement.
domestic partnersspouses
The statute, as written — Genetic surrogacy agreement; parentage of deceased intended parent
(a) Except as otherwise provided in section 584A-914 or 584A-915, on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent 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-914 or 584A-915, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (1) The surrogacy agreement provides otherwise; and (2) The transfer of the 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.
Sections this one refers to
§584A-914 Who is the parent when a surrogacy agreement is valid
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