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Hawaii Revised Statutes Division 3. Property; Family § 584A-917

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

(a) Subject to section 584A-913(b), if a genetic surrogacy agreement is breached by a genetic surrogate or one or more intended parents, the non-breaching party shall be entitled to the remedies available at law or in equity.

(b) Specific performance is not a remedy available for breach by a genetic surrogate of a requirement of a validated or non-validated genetic surrogacy agreement that the surrogate undergo insemination or embryo transfer, terminate or not terminate a pregnancy, or submit to medical procedures.

(c) Except as otherwise provided in subsection (b), specific performance is a remedy available for breach:

(1) Of a validated genetic surrogacy agreement by a genetic surrogate of a requirement that prevents an intended parent from exercising the full rights of parentage seventy-two hours after the birth of the child;  or

(2) By an intended parent that prevents the intended parent's acceptance of duties of parentage seventy-two hours after the birth of the child.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 584A-917 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-584a-917/

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