We divorced and remarried — can my spouse adopt my child now in Hawaii?

Yes, in Hawaii a stepparent who is married to a child's parent can petition to adopt that child, and a past divorce and remarriage between you and your spouse is not something the statute singles out. HRS § 578-1 allows a petition from a person "married to the legal birthing parent or non-birthing parent of a minor child," so what counts is that you are legally married now. If you are wondering whether your earlier divorce could matter in your particular case, the Family Court clerk in your county can confirm that.

Where you file: Stepparent adoptions in Hawaii go through the Family Court. The clerk in your county can tell you about local filing steps and the current filing fee.

Residency: Hawaii sets no minimum residency period for adoption (HRS § 578-1). You do not have to live in the state for a set number of months before filing.

Consent from the child: A child who is 10 or older has a consent role in the adoption (HRS § 578-2). If your child is that age, plan to talk with them about the adoption early.

The other parent: Your child's other legal parent is a central question in any stepparent adoption. Hawaii's rules on this are in HRS § 578-2, which includes a 12-month abandonment period. Whether that period applies depends on the facts, such as contact and support, so this is the part to confirm with the Family Court clerk or an attorney if the other parent's consent is uncertain, if they cannot be found, or if they may object.

Home study: Hawaii does not waive the home study for stepparent adoptions (HRS § 578-8). Expect the court's investigation and report to be part of your timeline.

Timeline: Stepparent adoptions in Hawaii typically take 3-6 months.

What the divorce history does and doesn't change:

• Your current legal marriage to your child's parent is what the statute asks about.
• Your spouse remains your child's legal parent.
• The details of the other parent's rights and consent are where your situation will matter most.

Every family's history is different. If your case has complications, such as a contested adoption, an unknown parent or an unusual custody history, an attorney or the Family Court clerk can address that specific issue.

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 file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 266 Hawaii families, and more than 34,000 families nationally since 2001.