Understanding Hawaii’s adoption laws can bring clarity and peace of mind. Whether you’re considering placing a baby for adoption, building your family, or looking into your own adoption story, this guide offers the trustworthy legal insight you need to take the next step.

By learning your rights under Hawaii adoption law, you’ll feel more confident navigating the journey ahead—and you won’t have to do it alone.

Connect with a Hawaii adoption specialist today to begin with guidance you can trust.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. Hawaii law recognizes your right to place your baby for adoption. You have the ability to make an adoption plan and choose a family that fits your hopes for your child’s future.

This is usually done voluntarily, and your decision becomes final and legally binding once the court approves it.

• You cannot give consent until after your baby is born.
• You must appear in court before a judge who ensures your decision is informed and voluntary.
• Once consent is given and accepted by the court, it’s very difficult to revoke.

Hawaii Laws. § 578-2

When can I give my baby up for adoption?

You can start the adoption planning and process during pregnancy, but you cannot give legal consent to adoption until at least 72 hours after the baby’s birth. This waiting period ensures time for recovery and reflection before finalizing your decision.

Your parental rights officially end when:

• You appear in court and give your consent
• The judge reviews and accepts your consent, finalizing the TPR with a formal order

Hawaii Laws. § 578-2(c)

Can I get my baby back after adoption?

No. Once your consent is signed and accepted by the court, it becomes irrevocable, unless there is proof of fraud or duress. Be sure to speak with an adoption professional to fully understand the timeline.
Hawaii Laws. § 578-2(d)

Can adoption happen without the father’s consent?

Possibly. If the father is unknown, uninvolved, or has not established paternity, the court may approve the adoption without his consent. A legal process is required, and an attorney or agency can guide you.
Hawaii Laws. § 578-2(b)

Do both parents have to sign adoption papers in Hawaii?

Yes, typically both legal parents must consent. But if one parent cannot be located, has abandoned the child, or had their rights terminated, the court may allow the adoption to move forward with only one signature.
Hawaii Laws. § 578-2(b)

Can I receive financial help during the adoption?

Yes. While you can’t be paid to place a child, Hawaii law allows for the reimbursement of pregnancy-related expenses, such as housing, food, utilities, maternity clothing, medical care, and legal costs, if approved by the court.

All payments must be documented and reviewed by the court. Your adoption specialist will help distribute these payments.
Hawaii Laws. § 453-1.3

Can I choose the adoptive family?

Yes. With agency support, you can view profiles, meet prospective adoptive families, and decide who you feel is the best fit to raise your baby. You can even choose how much contact you want before and after placement.

Can a family from another state adopt my baby?

Yes. Through the Interstate Compact on the Placement of Children (ICPC), families in other states can legally adopt a child born in Hawaii. Before an out-of-state family can adopt:

• Their state and Hawaii must both approve the placement.
• The family must meet Hawaii’s requirements, including having a completed home study.
• The placement paperwork must be reviewed and approved by Hawaii’s ICPC office before the baby can legally be placed with the family.

Hawaii Laws. § 346-26

Is it legal to place my baby without an agency?

Yes, independent adoptions are legal in Hawaii, but they still require proper legal oversight. You must work with an attorney to complete all legal aspects of the adoption, and the adoptive family must complete a home study. While possible, it is not advised to attempt an adoption without the support and expertise of a trusted agency.
Hawaii Laws. § 578-8

Can my spouse or relative adopt my baby?

Yes. Stepparent and relative adoptions are permitted in Hawaii and may follow a simpler process than other types of adoption. In some cases, the court may waive the home study requirement.

The other parent must either consent or have their rights terminated involuntarily (e.g., due to abandonment, unfitness). The parent married to the stepparent retains parental rights.
Hawaii Laws. § 578-8(e)

Can I place my baby for adoption anonymously?

Yes. Hawaii has a Safe Haven Law, which allows you to surrender an infant under 72 hours old to a hospital, fire station, or emergency medical services without legal penalty.
Hawaii Laws. § 587D-2

Can I have contact with my child after the adoption?

Yes. Post-Adoption Contact Agreements (PACAs) are allowed in Hawaii. These are voluntary agreements between you and the adoptive family that outline future contact.

An adoption agency can help connect you with adoptive families who share your contact preferences through open adoption.
Hawaii Laws. § 578-15.5

How are adoptions handled for Native Hawaiian or Native American children?

If your child has Native American heritage, the Indian Child Welfare Act (ICWA) applies.  

• The tribe must be notified and may be involved
• The tribe may help determine where the child is placed
• You can still make an adoption plan, but the court must consider tribal placement preferences

For children with Native Hawaiian ties, cultural considerations may influence placement, though ICWA does not apply unless the child is also a member of a federally recognized tribe.
Hawaii Laws. 25 U.S.C. §§ 1901–1963 (ICWA)

What rights do birth parents retain after adoption?

Once the court finalizes the adoption, birth parents relinquish all legal rights to the child.

• No right to custody or visitation
• No responsibility for child support
• No decision-making authority

However, open adoption agreements may allow ongoing contact depending on what was agreed.
Hawaii Laws. § 578-15.5

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Hawaii?

No. Hawaii allows single individuals, married couples, and LGBTQ+ parents to adopt. Marital status is not a barrier.
Hawaii Laws. § 578-1

What is the age requirement to adopt?

Adoptive parents must be at least 18 years old, and must be legally competent and financially able to care for a child.
Hawaii Laws. § 578-1

Do you need a home study for private adoption in Hawaii?

Yes. All adoptive families must complete a home study conducted by a licensed professional. This includes interviews

• Background checks
• Home inspections
• And training

Hawaii Laws. § 346-19.7

Can we adopt privately without an agency?

Yes. Independent adoptions are permitted:

• You are still required to complete a home study through a licensed agency
• Your home must be licensed as a foster home before placement
• The court must approve the placement and the adoption

 Many families find that working with an agency offers emotional, legal, and logistical support.

What are the steps to adopt in Hawaii?

1. Choose the type of adoption (agency, private, stepparent, international)
2. Complete a home study
3. Match with a birth mother or child
4. Obtain consents and comply with legal filings
5. Finalize the adoption through a court hearing

Hawaii Laws. § 578-2 to § 578-8

Can we adopt a child from out of state?

Yes. The ICPC governs all interstate placements and ensures all legal requirements are met in both states.
Hawaii Laws. § 346-26

Can we advertise for a birth mother?

No. Only licensed professionals (agencies and attorneys) may advertise. Families should never seek out birth parents directly.
Hawaii Laws. § 346-17

Can a birth father prevent an adoption?

If the father has legally established paternity and objects to the adoption, the court must review his petition. If he hasn’t been involved or hasn’t claimed legal rights, the court may approve the adoption without his consent.
Hawaii Laws. § 578-2(b)

What happens if the birth parents don’t sign?

The adoption may still proceed through the termination of parental rights (TPR) process if the court finds clear reasons to do so, such as neglect or abandonment.
Hawaii Laws. § 587A-28

When is the adoption finalized in Hawaii?

Once post-placement requirements are met (usually a 6-month supervisory period), the adoption is finalized in court and a new birth certificate is issued.
Hawaii Laws. § 578-8(b)

Can birth mothers change their minds?

Yes—but only before signing consent. After the 72-hour waiting period and signing, the consent is final and binding, unless fraud or duress is proven.
Hawaii Laws. § 578-2(d)

Do adoptive parents go on the birth certificate?

Yes. Following finalization, the adoptive parents are listed on the child’s amended birth certificate.
Hawaii Laws. § 578-14

What rights do adoptive parents have?

Adoptive parents in Hawaii receive full legal parental rights, including custody, decision-making, and inheritance.
Hawaii Laws. § 578-16

Are open adoptions legally enforceable?

Yes. Hawaii allows PACAs that outline contact between adoptive and birth families, provided both parties agree and the court approves the arrangement.
Hawaii Laws. § 578-15.5

Does ICWA apply to private adoptions in Hawaii?

Yes, if the child has Native American heritage and is a member of a federally recognized tribe. ICWA does not apply to Native Hawaiian children unless that child is also part of a tribe.
25 U.S.C. §§ 1901–1963 (ICWA)

What support is available after adoption?

• Post-placement visits and counseling
• Access to medical and social history
• Adoption assistance for children with special needs (in state-involved adoptions)

For Adoptees

If you were adopted in Hawaii, you may have options to learn more about your history:

• Non-identifying information is typically available through the court or agency
• Identifying information may be released with birth parent consent
• Mutual consent registries may support reunification when both parties opt in

Open adoption agreements may also allow for contact, depending on what was established in the original PACA.

What’s Next?

Whether you're placing a child, building your family, or seeking your history—Hawaii adoption law is here to support you.

Talk with an adoption specialist today to get started with guidance, compassion, and legal clarity.

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