HI HB1857

Amends Chapter 584 of Hawaii Revised Statutes to regulate gestational surrogacy by requiring a binding written contract between a gestational surrogate and commissioning couple prior to engagement in surrogacy.

Restricts gestational surrogacy contracts to situations where a physician certifies the commissioning mother cannot physically gestate a pregnancy, gestation would risk her physical health, or gestation would risk the health of the fetus.

Requires contracts to specify that the gestational surrogate has sole consent authority over clinical intervention during pregnancy, agrees to relinquish parental rights at birth (unless she is the genetic parent), and the commissioning couple assumes full parental rights and responsibilities immediately at birth.

Limits compensation to reasonable living, legal, medical, psychological, and psychiatric expenses directly related to prenatal, intrapartal, and postpartal periods.

Establishes eligibility requirements that the gestational surrogate must be at least 18 years old and the commissioning couple must be legally married and both at least 18 years old.