2011 Hawaii Code
DIVISION 3. PROPERTY; FAMILY
TITLE 31. FAMILY
578. Adoption
§578-7 Substituted or constructive service.


HI Rev Stat § 578-7 (2011 through Reg Sess) What's This?

§578-7 Substituted or constructive service. Upon the filing of the affidavit referred to in section 578-6, the court may order service of the notice prescribed in sections 578-2 and 578-4 to be made as follows:

(1) Personal service or service by registered mail without the State. If the residence of a nonresident legal parent is known or is ascertained at any stage of the proceeding prior to the filing of a return of service pursuant to section 578-5, the court may order that service of notice of the time and place of hearing of the petition and of a copy thereof and of a copy of the court's order be made upon such parent (A) by personal service thereof, without the State, by such person and in such manner as the court may direct, or (B) by sending certified copies of the petition and of the notice of the time and place of the hearing thereof and of the court's order, by registered mail, addressed to such parent, with request for return receipt, which service, evidenced by such receipt signed by the parent and returned to the clerk of the court, shall be regarded as equivalent to service by publication or in lieu thereof. When service is made pursuant to this paragraph, the time appointed for the hearing of the petition shall be not less than twenty-one days subsequent to the date of service as herein provided.

(2) Service by publication. If the residence of such parent is not known and cannot be ascertained, or if an attempt to effect service by either of the methods authorized in paragraph (1) hereof is unsuccessful, the court may order that service shall be made by publication. The order shall direct that publication of notice of the pendency of the petition and of the time and place of the hearing thereof be made in a newspaper or newspapers suitable for the advertisement of notices of judicial proceedings once in each week for not less than four successive weeks as the court may prescribe, the last publication to be not less than twenty-one days prior to the time appointed for the hearing of the petition. The court may, in addition to ordering publication, direct that a copy of the petition and notice be forthwith deposited in the post office, addressed to such parent at the parent's last known place of residence. The service of the notice required by section 578-2 shall be deemed complete at the expiration of the time prescribed by the order of publication. [L 1919, c 3, pt of §1; RL 1925, §3038; am L 1931, c 74, §1; RL 1935, §4524; RL 1945, §12275; am L 1953, c 115, pt of §1; RL 1955, §331-7; HRS §578-7; am L 1973, c 211, §3(e); gen ch 1985]

Cross References

Service by certified mail, see §1-28.

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