Can both my spouse and I adopt each other's children from prior relationships in Hawaii?

Yes, in Hawaii each of you can pursue a stepparent adoption of the other's children from prior relationships, with the cases handled in Family Court under Hawaii Revised Statutes Chapter 578. This is often called a mutual or cross-adoption: you adopt your spouse's child, and your spouse adopts yours.

How it works:

• Each adoption is its own stepparent adoption, so each child's paperwork stands on its own facts.
• Whether the Family Court in your county hears the two cases together or one after the other is something the Family Court clerk can confirm.
• The aim is for both of you to be legal parents to every child in your household.

What applies to each adoption:

• 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). With children of different ages, this may apply to one adoption and not the other.
• The other parent: Each child has a different other parent, so each adoption depends on that parent's situation. Hawaii's abandonment period is 12 months (HRS § 578-2). If the other parent is unknown, cannot be found, or objects, the details depend on your facts, so talk to the Family Court clerk or an attorney about that child's case.
• Home study: Hawaii does not waive the home study (HRS § 578-8), so plan for one in each adoption. The clerk can tell you how it works when two adoptions are filed together.

Timeline: Stepparent adoptions in Hawaii typically take 3-6 months. Your own timing depends on the court's schedule and on whether either case is contested.

Records: After an adoption, questions about birth records go to the Hawaii State Department of Health Office of Health Status Monitoring. The clerk can tell you when and how to contact that office.

Things to confirm with the Family Court clerk in your county:

• The exact filing fees for each case
• Whether the two cases can be filed or heard together
• Any local forms or procedures in Honolulu, Hilo, Kailua, Kapolei, Pearl City, or elsewhere in the state

Situations that need individual advice: Your situation is more complicated if one child's other parent may contest the adoption, if you don't know where a parent is, or if the facts around abandonment are unclear.