2016 Hawaii Revised Statutes
TITLE 31. FAMILY
584. Uniform Parentage Act
- 584-1 Parent and child relationship defined.
- 584-2 Relationship not dependent on marriage.
- 584-3 How parent and child relationship established.
- 584-3.5 Expedited process of paternity
- 584-4 Presumption of paternity.
- 584-5 Reserved.
- 584-6 Determination of father and child relationship; who may bring action; when action may be brought; process, warrant, bond, etc.
- 584-6.5 Temporary support order based on probable paternity.
- 584-7 REPEALED.
- 584-8 Jurisdiction; venue.
- 584-8.5 Paternity determinations from other states and territories.
- 584-9 Parties; guardian ad litem for minor presumed or alleged father; county attorney or corporation counsel to represent custodial parent or agency; notice to parents.
- 584-10 Pretrial proceedings.
- 584-11 Genetic tests.
- 584-12 Evidence relating to paternity.
- 584-13 Pretrial recommendations.
- 584-14 Civil action.
- 584-15 Judgment or order.
- 584-16 Costs.
- 584-17 Enforcement of judgment or order.
- 584-18 Modification of judgment or order.
- 584-19 Right to counsel; free transcript on appeal.
- 584-20 Hearings and records; confidentiality.
- 584-21 Action to declare mother and child relationship.
- 584-22 Promise to render support.
- 584-23 Birth records.
- 584-23.5 Paternity judgment, acknowledgment, support order; social security number.
- 584-23.6 Filing of acknowledgments and adjudications with department of health.
- 584-24 Custodial proceedings.
- 584-25 Uniformity of application and construction.
- 584-26 Short title.
Case Notes
By their plain language, 584-1 and 584-3 do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made. 99 H. 1, 52 P.3d 255.
The enactment of this chapter: (1) does not displace the Hawaii supreme court's previous decision in Blackshear; (2) does not prevent a proper litigant in a paternity action from asserting defenses based upon res judicata and equitable estoppel; and, (3) a final judgment, including a divorce decree, can serve as the basis for such defenses. 99 H. 1, 52 P.3d 255.
The term "may", as set forth in 560:2-114(a), is permissive, and, for purposes of intestate succession, a purported heir may establish his or her parent-child relationship with the decedent by any means permitted by statute, including, but not limited to, this chapter. 103 H. 275, 81 P.3d 1190.
This chapter did not implicate father's fundamental privacy right to procreational autonomy, but rather father's economic interest in not supporting his child, and although father had standing to raise an equal protection challenge to this chapter, that standing was based on a non-suspect classification, i.e., the biological relationship of fathers to their children; thus, because this chapter bears a rational relation to the public welfare, the statute survives rational basis review and father's privacy and equal protection arguments failed. 109 H. 240, 125 P.3d 461.
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