Every year, around 135,000 children are adopted in the U.S. While welcoming a child offers limitless opportunities to expand your family and your heart, navigating the legal aspects of the process may seem daunting. Understanding Hawaii's family laws and how they apply to adoption will empower you to make sound legal decisions and ensure the best interests of your child. Here’s what you should know about the state's adoption regulations and procedures.

FAQ About Hawaii's Adoption Laws

What’s a home adoption study?

A home adoption study is a requirement that all prospective parents need to satisfactorily complete before they’re allowed to adopt. It measures the parents' ability to provide a child with a supportive, safe, and consistent home.

There are three main elements of the home study. The first is the documentation stage, in which you fill out paperwork and the state conducts background and criminal checks on all applicants. The second involves a physical inspection of the home. The third is comprised of interviews with everyone who lives in the house.

When is adoption consent needed?

In most cases, the birth mother and father, or another party who has legal custody of the child, must consent to the adoption. If the child is 10-years-old or older, they’ll need to consent to the adoption, as well. Biological parents can give consent to adoption when the birth mother has reached the sixth month of pregnancy or anytime after.

When is consent not needed?

Consent is the preferred goal since it establishes the birth parents' voluntary discontinuation of their parental rights. However, there are some specific situations in which consent isn't necessary. These instances include when a parent deserts the child for at least 90 days without identification, voluntarily places the child in someone else's care for at least two years, or has their parental rights terminated by a judge.

Can I adopt through Hawaii's foster care system?

Absolutely. Before beginning the home study, the foster care agency may request you take parenting classes to better prepare for the experience. You’ll need to provide proof of adequate income, physical and mental health and stability, and a safe and loving home. You must also pass a state and FBI background check.

If you're considering adopting in Hawaii, work with a family law attorney to navigate the system and make sense of the required procedures. The Law Offices of Brian J De Lima has been representing clients throughout Hilo, HI, for over 30 years. Attorney De Lima and his team offer representation in adoptions, as well as other family law matters, such as divorces and child custody cases. Call (808) 969-7707 to schedule a consultation, or learn more about their services online.