Can I adopt my stepchild if I'm in a same-sex marriage in Hawaii?

Yes. If you are married to your stepchild's legal parent, you can petition to adopt your stepchild in Hawaii, and the process is exactly the same for same-sex couples. HRS § 578-1 allows a petition from a "person married to the legal birthing parent or non-birthing parent of a minor child." It describes your spouse by their legal role with the child, not as a husband or wife.

Where you file: Your petition goes to the Family Court. The steps and paperwork are the same whether you are in a same-sex or a different-sex marriage.

What to expect:

• Residency: Hawaii sets no minimum residency period for adoption petitions (HRS § 578-1). You do not need to live in the state for a set number of months first.
• Child's consent: A child who is 10 or older is asked to consent (HRS § 578-2).
• The other parent: In most stepparent adoptions the other parent never signs a consent, and the judge approves the adoption anyway. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. In Hawaii, a parent who has stepped away for 12 months is one common path forward (HRS § 578-2). Other common situations are a parent who can't be found after a reasonable search, who never established paternity, who doesn't respond after notice, or who has died.
• Home study: Hawaii does not waive the home study in stepparent adoptions (HRS § 578-8). Plan for the court's investigation as one routine step in your case.

Donor conception and other special situations: Some same-sex families have a child conceived with a donor, or an other parent who is unknown or unreachable. These are common situations, and the answer usually comes down to who is a legal parent on paper. Gather any donor or clinic records and parentage documents you have. If someone is actively contesting the adoption, that is the time to talk with a local attorney. The Family Court clerk in your county can confirm the current filing fee.

Getting started: Gather your marriage certificate, your stepchild's birth certificate, and what you know about the other parent: last known address, the last date of contact, and the last time any support was paid. Write those dates down now. They are the backbone of a case that goes forward without the other parent's signature.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. We prepare your Hawaii court document package from your answers to an online questionnaire for $349 for the first child and $99 for each additional child, and you file it yourself.