HAWAIʻI MODERNIZES PARENTAGE LAW, STRENGTHENING PROTECTIONS FOR LGBTQIA+ FAMILIES

FOR IMMEDIATE RELEASE
December 31, 2025

HONOLULU - The Hawaiʻi State LGBTQ+ Commission welcomes the enactment of Act 298 (SB1231 HD1), landmark legislation that modernizes Hawaiʻi's parentage laws. Effective Jan. 1, 2026, the new law updates decades-old statutes to reflect the realities of today's families and significantly strengthens legal protections for LGBTQIA+ parents and their children.

"For too long, many of Hawaiʻi's LGBTQIA+ families have faced unnecessary legal uncertainty simply because our laws failed to reflect how families are actually formed," said Michael Golojuch Jr., vice chair and legislative lead for the Hawaiʻi State LGBTQ+ Commission. "Act 298 brings Hawaiʻi's parentage laws into the present and centers the best interests of the keiki, regardless of their parents' gender, sexual orientation or marital status."

Key protections and impacts

Modern, gender-neutral parentage standards
Act 298 replaces outdated, gendered assumptions about "mothers" and "fathers" with inclusive, gender-neutral definitions of parentage. This ensures children of same-gender couples and diverse family structures are treated equally under the law.

Clear pathways to legal parentage
The law expands and clarifies multiple ways to establish legal parentage, including:
• Voluntary Acknowledgment of Parentage, allowing parents, including same-gender couples, to establish legal parentage without lengthy or costly court proceedings.
• Adjudicated parentage, providing courts with modern, equitable standards when parentage is contested.

These changes reduce the need for second-parent adoptions that LGBTQIA+ families have historically relied on to secure legal recognition.

Recognition of families formed through assisted reproduction and surrogacy
Act 298 updates Hawaiʻi law to reflect current medical practices such as in vitro fertilization, sperm or egg donation and gestational surrogacy. Intended parents, regardless of gender or marital status, are provided clearer legal recognition and protections.

Greater stability for children
By focusing on intent, caregiving and the realities of family life, the law promotes stability, continuity of care and access to benefits such as health insurance, inheritance and survivor benefits for children in LGBTQIA+ families.

Privacy and dignity
The legislation includes confidentiality protections in parentage proceedings, helping safeguard the privacy and dignity of families navigating sensitive legal processes.

Why this matters

Act 298 represents a major step forward in ensuring equity, dignity and legal certainty for LGBTQIA+ families across Hawaiʻi. It affirms that all families deserve equal recognition and that children should never be placed at risk because of outdated legal frameworks.

"The commission applauds the Legislature and community advocates who worked tirelessly to make this law a reality," said Sandy Harjo Livingston, chair of the Hawaiʻi State LGBTQ+ Commission. "This is a meaningful advancement for LGBTQIA+ parents, their children and all families who call Hawaiʻi home."

For more information about Act 298 and its implementation, contact the Hawaiʻi State LGBTQ+ Commission.

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Media Contact:
Michael Golojuch
Vice Chair
Hawaiʻi State LGBTQ+ Commission
Email: [email protected]