Hawaii Revised Statutes Division 3. Property; Family § 584A-911

(a) A gestational surrogacy agreement that complies with sections 584A-902, 584A-903, and 584A-904 shall be enforceable.

(b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with sections 584A-902, 584A-903, and 584A-904, the court shall determine the rights and duties of the parties to the surrogacy agreement consistent with the intent of the parties at the time of execution of the surrogacy agreement.  Each party to the surrogacy agreement and any individual who at the time of the execution of the surrogacy agreement was a spouse of a party to the surrogacy agreement shall have standing to maintain a proceeding to adjudicate an issue related to the enforcement of the surrogacy agreement.

(c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e), if the surrogacy agreement is breached by the gestational surrogate or one or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.

(d) Specific performance is not a remedy available for breach by a gestational surrogate of a provision in the surrogacy agreement that the gestational surrogate undergo an embryo transfer, terminate or not terminate a pregnancy, or submit to medical procedures.

(e) Except as otherwise provided in subsection (d), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for breach: