New Hawaiʻi law expands legal recognition for LGBTQIA+ families

Hawaiʻi has enacted Act 298 (SB1231 HD1), a sweeping update to the state’s parentage laws aimed at strengthening legal protections for LGBTQIA+ parents and their children. The law takes effect Jan. 1, 2026.

“For too long, many of Hawaiʻi’s LGBTQIA+ families have faced unnecessary legal uncertainty simply because our laws failed to reflect how families are actually formed,” said Michael Golojuch Jr., vice chair and legislative lead for the Hawaiʻi State LGBTQ+ Commission. “Act 298 brings Hawaiʻi’s parentage laws into the present and centers the best interests of the keiki, regardless of their parents’ gender, sexual orientation or marital status.”

Act 298 replaces gendered references to “mothers” and “fathers” with gender-neutral standards, ensuring equal treatment for children in same-gender and diverse family structures. It also expands and clarifies pathways to establishing legal parentage, including voluntary acknowledgments that can reduce the need for costly court proceedings and second-parent adoptions.

The legislation updates state law to reflect assisted reproduction and surrogacy practices, providing clearer legal recognition for intended parents regardless of gender or marital status.

The law also adds confidentiality protections in parentage proceedings, helping safeguard the privacy and dignity of families navigating sensitive legal processes.

“The commission applauds the Legislature and community advocates who worked tirelessly to make this law a reality,” said Sandy Harjo Livingston, chair of the Hawaiʻi State LGBTQ+ Commission. “This is a meaningful advancement for LGBTQIA+ parents, their children and all families who call Hawaiʻi home.”

For more information about Act 298 and its implementation, contact the Hawaiʻi State LGBTQ+ Commission.