AnalysisH.B. 2088 amends Section 578-2, Hawaii Revised Statutes, to add a notarization requirement to written consents for both child and adult adoptions. In subsection (a), the bill inserts the notarization requirement into the existing consent framework for child adoptions, which covers birthing parents, various categories of non-birthing parents, legal custodians, courts, and children over ten years of age. In subsection (b), the same requirement is added to the consent process for adult adoptions, covering the adult and the adult’s spouse if married.
By accepting notarizations performed by Notaries Public in “any other jurisdiction,” the bill avoids creating barriers for out-of-state or out-of-country birth parents or adoptive parties. Adding notarization to adoption consents strengthens these consents by requiring the parties to be identified by a Notary and the Notary confirming that the parties knowingly and voluntarily provided consent in a context where the stakes — permanent termination or creation of parental rights — are extremely high. “The insertion of the notarization requirement reduces the risk of disputes regarding consent and legal challenges that could otherwise disrupt permanency for children” (Testimony of Ryan I. Yamane, Director, State of Hawaii Department of Human Services to the Senate Committee on Judiciary).
Read House Bill 2088.