§584-1 Parent and child relationship defined. As used in this chapter, “parent and child relationship” includes the legal relationship existing between a child and the child’s natural mother, between a child and father whose relationship as parent and child is established under this chapter, or between a child and the child’s adoptive parents, incident to […]
§584-10 Pretrial proceedings. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing shall be held. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, […]
§584-11 Genetic tests. (a) The court may, and upon request of a party, shall, require the child, mother, or alleged father to submit to genetic tests, including blood tests. If the requesting party is the mother or the alleged father, the court shall require that the request be made pursuant to a sworn statement. The […]
§584-12 Evidence relating to paternity. Evidence relating to paternity may include: (1) Evidence of sexual intercourse between the mother and the alleged father at any possible time of conception; (2) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy; (3) Genetic test results, including […]
§584-13 Pretrial recommendations. (a) On the basis of the information produced at the pre-trial hearing, the judge conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the […]
§584-14 Civil action. (a) An action under this chapter shall be a civil action governed by the Hawaii rules of civil procedure or the Hawaii family court rules. The mother of the child and the alleged father shall be competent to testify and may be compelled to testify, provided that no criminal prosecution, other than […]
§584-15 Judgment or order. (a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes. (b) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate […]
§584-16 Costs. The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pre-trial proceedings, including genetic tests, subject to the provisions of section 584-11(f), to be paid by the parties in proportions and at times determined by the court. The court may order […]
§584-17 Enforcement of judgment or order. (a) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, […]
§584-18 Modification of judgment or order. (a) The court shall have continuing jurisdiction to modify or revoke a judgment or order: (1) For future education and support; and (2) With respect to matters listed in section 584-15(c) and (d) and section 584-17(b), except that a court entering a judgment or order for the payment of […]
§584-19 Right to counsel; free transcript on appeal. (a) At a pre-trial hearing and in further proceedings, any party may be represented by counsel. The court may appoint counsel for a party who is financially unable to obtain counsel. (b) If a party is financially unable to pay the cost of a transcript, the court […]
§584-2 Relationship not dependent on marriage. Any parent and child relationship established under this chapter extends to every such child and to every such parent, regardless of the marital status of the parents. [L 1975, c 66, pt of §1]
§584-20 Hearings and records; confidentiality. (a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this chapter shall be held in closed court without admittance of any person other than those persons necessary to the action or proceeding. All papers and records pertaining to the action or proceeding, whether […]
§584-20.5 Court filings; minutes of proceedings; posting requirement. The judiciary shall post on its website the titles of all court filings and the minutes of court proceedings in cases brought under this chapter; provided that the judiciary shall redact information that has been made confidential by any statute, rule of court, or court order; provided […]
§584-21 Action to declare mother and child relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this chapter applicable to the father and child relationship shall apply. [L 1975, c 66, pt of §1]
§584-22 Promise to render support. (a) Any promise in writing to furnish support for a child, growing out of a supposed or alleged father and child relationship, shall not require consideration and shall be enforceable according to its terms. (b) In the best interest of the child or the mother, the court may, and upon […]
§584-23 Birth records. (a) Upon order of a court of this State or upon request of a court of another state, or following acknowledgment as provided in section [584-4(a)(6)], the department of health shall prepare a new certificate of birth consistent with the findings of the court or in cases of acknowledgment under section [584-4(a)(6)], […]
§584-23.5 Paternity judgment, acknowledgment, support order; social security number. The social security number of any individual who is subject to a paternity judgment or acknowledgment, or support order issued under this chapter shall be placed in the records relating to the matter. [L 1997, c 293, pt of §8]
§584-23.6 Filing of acknowledgments and adjudications with department of health. All voluntary acknowledgments and adjudications of paternity by judicial process shall be filed with the department of health for comparison with information in the state case registry. Filing of the adjudications of paternity shall be the responsibility of the natural mother or such person or […]
§584-24 Custodial proceedings. (a) If a mother relinquishes or proposes to relinquish for adoption a child who has: (1) A presumed father under section 584-4(a); (2) A father whose relationship to the child has been determined by a court; or (3) A father as to whom the child is a legitimate child under prior law […]
