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Hawaii Revised Statutes Division 3. Property; Family § 584A-303

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) An individual is presumed to be a parent of a child if:

(1) Except as otherwise provided under part IX or the law of this State other than this chapter:

(A) The prospective presumed parent and the individual who gave birth to the child are married to each other and the child is born during the marriage, regardless of whether the marriage is or could be declared invalid and regardless of the gender of the two individuals;

(B) The prospective presumed parent and the individual who gave birth to the child were married to each other and the child is born no later than three hundred days after the marriage is terminated by death, divorce, or annulment, or after a decree of separation, regardless of whether the marriage is or could be declared invalid;  or

(C) The prospective presumed parent and the individual who gave birth to the child married each other after the birth of the child, regardless of whether the marriage is or could be declared invalid, the prospective presumed parent at any time asserted parentage of the child, and:

(i) The assertion is in an acknowledgment of parentage as defined in part IV that is filed with the department of health;  or

(ii) The prospective presumed parent agreed to be and is named as a parent of the child on the birth certificate of the child;

(2) The individual resided in the same household with the child before the child reached the age of majority and openly held out the child as the individual's child;  or

(3) Pursuant to section 584A-702, the prospective presumed parent submits to court-ordered genetic testing and the results, as stated in a report prepared by the testing laboratory, do not exclude the possibility of the prospective presumed parent's parentage of the child;  provided that the results of the testing disclose:

(A) The individual has at least a ninety-nine per cent probability of parentage, using a prior probability of 0.50 as calculated by using the combined relationship index obtained in the testing;  and

(B) A combined relationship index of at least one hundred to one.

(b) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication under part V or VI or a valid denial of parentage under part VI.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 584A-303 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-584a-303/

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