Can a same-sex stepparent adopt in Hawaii?

Yes, a same-sex stepparent can pursue a stepparent adoption in Hawaii. You file in the Family Court in your county, under Hawaii Revised Statutes Chapter 578. The Hawaii data we rely on describes one stepparent adoption process, and nothing in it sets a separate path for same-sex couples.

What the process involves in Hawaii:

• Court: Your petition is filed in the Family Court. Hawaii has 4 counties, and the clerk in your county can tell you about local filing details.
• Residency: Hawaii has no minimum residency period (HRS § 578-1).
• Child's consent: A child who is 10 or older is asked to consent (HRS § 578-2).
• Other biological parent: Their consent is part of the picture. Hawaii also recognizes abandonment, which is set at 12 months (HRS § 578-2). Whether that applies to your family depends on your specific facts.
• Home study: It is not waived for stepparent adoptions (HRS § 578-8), so plan for it.
• Timeline: Stepparent adoptions in Hawaii typically take about 3-6 months.

Situations that depend on your facts: Many same-sex families have questions the statutes above don't settle on their own. Examples:

• You are not married to your partner.
• The child has a legal parent other than your spouse.
• A donor or unknown parent is involved.
• The other parent objects.

For these, check with the Family Court clerk in your county or with a family law attorney who can look at your specific situation. The same goes for the filing fee amount, which the clerk can confirm.

After the adoption: The Hawaii State Department of Health Office of Health Status Monitoring is the state's vital records agency. Ask the Family Court clerk how to update the child's records once the adoption is final.

Your family belongs in this process. If you run into trouble at any point, write down what happened and speak with the clerk's office or an attorney who works with LGBTQ+ families.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child, plus $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and they come with a 100% court acceptance guarantee. We have helped 266 Hawaii families, and 34,000+ families nationally since 2001.