Hawaii Revised Statutes Division 3. Property; Family § 584A-908

(a) Except as otherwise provided in subsection (c), section 584A-909(b), or section 584A-911, upon birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent shall be, by operation of law, a parent of the child.

(b) Except as otherwise provided in subsection (c) or section 584A-911, neither a gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.

(c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall order genetic testing of the child.  If the child is a genetic child of said individual who agreed to be a gestational surrogate, parentage shall be determined based on parts I through VII.

(d) Except as otherwise provided in subsection (c), section 584A-909(b), or section 584A-911, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to either intended parent or to a donor who donated gametes to the intended parent or parents, each intended parent, and not the gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.