Hawaii Relinquishment, Consent, Revocation laws
Hawaii
Who Must Consent:
- The mother.
- A legal father.
- An adjudicated or presumed father.
- A natural father who demonstrates a reasonable degree of interest.
- Any person or agency having legal custody; or the court having jurisdiction over the child's custody.
- The court if the legal guardian is not empowered to consent.
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Consent of Adoptee:
A child 10 years or older must consent, unless the court dispenses with the need.
When Parental Consent is Not Needed:
If a parent has:
- Deserted the child for 90 days.
- Voluntarily surrendered care and custody to another for 2 years.
- Has failed to support or contact the child for 1 year.
- Had parental rights terminated.
- Been declared mentally ill or retarded.
When Relinquishment Can Be Signed:
May be given following the 6th month of pregnancy, provided that no judgment may be entered until after the birth of the child and petitioners have reaffirmed their desire to adopt. (see statute)
How Relinquishment Must Be Signed:
No adoption decree shall be granted without a hearing at which anyone who needs to consent must appear, unless expressly excused by the court.
Time for Revocation:
Consent cannot be withdrawn after the child is placed with prospective adopters unless the court finds it would be in the child's best interest.
Adapted from materials prepared by the National Adoption Information Clearinghouse.
