HB2088 amends Hawaii’s adoption consent statute to require that written consent to an adoption be notarized by a notary public in Hawaii or another jurisdiction. The bill applies to both child and adult adoptions and retains the existing list of people or entities whose consent may be required, including birthing parents, legal or adjudicated non-birthing parents, presumed or concerned natural non-birthing parents, legal custodians, the court in certain custody situations, and children over age 10 unless the court dispenses with the child’s consent in the child’s best interest.
For adult adoptions, the bill likewise requires notarized written consent from the adult and, if the adult is married, the adult’s spouse. The measure takes effect upon approval and is described as part of the Judiciary Package, indicating a procedural change aimed at formalizing adoption consents rather than changing who may consent or the substantive standards for adoption approval.
Impact
The bill directly amends section 578-2 of the Hawaii Revised Statutes, adding notarization as a formal requirement for written consent to adoption. It does not alter the underlying categories of persons whose consent is required, the age threshold for a child’s consent, or the court’s authority to dispense with consent when allowed by law. Its practical effect is to impose an additional execution requirement on adoption paperwork for both child and adult adoptions, affecting adoptive parents, birth parents, adult adoptees, spouses in adult adoptions, notaries, courts, and agencies involved in adoption proceedings.
Sentiment
The available voting history suggests broad support and little controversy. The bill passed the Senate Health and Human Services Committee unanimously and then passed the Senate Judiciary Committee unanimously, both without amendment. No committee testimony or floor debate is provided, but the smooth committee path and its inclusion in the Judiciary Package indicate the measure was generally viewed as a routine procedural or administrative update to adoption law.
Contention
No specific points of contention are reflected in the available materials. Because the bill simply adds a notarization requirement, any potential concerns would likely center on added procedural burden, access to notaries, or whether the new formality could delay adoptions, but none of those issues are documented in the transcripts or votes provided. The unanimous committee votes suggest that any such concerns were either minimal or resolved before committee action.