Hawaii Revised Statutes Division 3. Property; Family § 584A-901

As used in this part:

“Genetic surrogate” means an individual who is capable of carrying a pregnancy to term and giving birth to a child, who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual's own gamete, under a genetic surrogacy agreement as provided in this part.

“Gestational surrogate” means an individual who is capable of carrying a pregnancy to term and giving birth to a child, who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual's own, under a gestational surrogacy agreement as provided in this part.

“Surrogacy agreement” means an agreement between one or two intended parents and an individual who is capable of carrying a pregnancy to term and giving birth to a child and who is not an intended parent in which the individual agrees to become pregnant through assisted reproduction and provides that any intended parent is a parent of a child conceived under the agreement.  Unless otherwise specified, “surrogacy agreement” refers to both a gestational surrogacy agreement and a genetic surrogacy agreement.