HB 2646 Summary

• Adds comprehensive surrogacy agreement framework to Hawaii law, defining gestational surrogates (using non-their own gametes) and genetic surrogates (using their own gametes), and establishing intended parents as legal parents upon valid agreement execution.

• Requires surrogates to be at least 21 years old, have previously given birth to at least one child, complete medical evaluation and mental health consultation, and obtain independent legal representation.

• Requires intended parents to be at least 21 years old, complete medical evaluation and mental health consultation, and obtain independent legal representation; gestational surrogacy agreements are automatically enforceable if requirements are met.

• Genetic surrogacy agreements must be validated by family court before assisted reproduction occurs; genetic surrogates retain right to withdraw consent within 72 hours after birth, while gestational surrogates cannot be compelled to undergo medical procedures.

• Establishes court jurisdiction over surrogacy matters for 90 days after birth, permits payment of consideration and reasonable expenses, and restricts public access to surrogacy-related court records to protect privacy.