HRS §584A-917
What happens when a surrogacy agreement is broken
Read the official text at capitol.hawaii.gov ↗If a surrogate or intended parent breaks a surrogacy agreement, the other side can sue for legal or fair remedies. A surrogate cannot be forced to undergo medical procedures or pregnancy actions. But after the child is born, a court can order the surrogate or intended parent to follow the agreement about parentage.
The statute, as written — Breach of genetic surrogacy agreement
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) Subject to section 584A-913(b), if a genetic surrogacy agreement is breached by a genetic surrogate or one or more intended parents, the non-breaching party shall be entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by a genetic surrogate of a requirement of a validated or non-validated genetic surrogacy agreement that the surrogate undergo insemination or embryo transfer, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b), specific performance is a remedy available for breach: (1) Of a validated genetic surrogacy agreement by a genetic surrogate of a requirement that prevents an intended parent from exercising the full rights of parentage seventy-two hours after the birth of the child; or (2) By an intended parent that prevents the intended parent's acceptance of duties of parentage seventy-two hours after the birth of the child.
Sections this one refers to
§584A-913 Ending a genetic surrogacy agreement
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.