Hawaii Stepparent Adoption Petition + Decree Filing Packet

Hawaii Stepparent Adoption Petition + Decree Filing Packet

Pre-Petition Eligibility and Filing Checklist

☐ PETITIONER ELIGIBILITY (HRS § 578-1):

• Stepparent-petitioner is the lawful spouse of the adoptee's legal parent;
• Both spouses generally join the Petition.

☐ RESIDENCY / VENUE (HRS § 578-1.5):

• Family Court of the Judicial Circuit where the petitioner or the child resides;
• First Circuit (Oahu), Second Circuit (Maui/Molokai/Lanai), Third Circuit (Hawaii Island), Fifth Circuit (Kauai/Niihau).

☐ CONSENT OF ADOPTEE — AGE 10 OR OLDER (HRS § 578-2(a)(8)):

• If adoptee is more than ten (10) years of age, written consent of the adoptee is required;
• The court may, in the child's best interests, dispense with the child's consent (rare in contested matters);
• NOTE: Hawaii's age-10 threshold is among the lowest in the United States.

☐ CONSENTS REQUIRED (HRS § 578-2(a)):

• The birthing parent of the child;
• A legal non-birthing parent (e.g., a spouse to whom the child is a legitimate child);
• An adjudicated non-birthing parent;
• A presumed non-birthing parent under § 578-2(d);
• A "concerned natural non-birthing parent" who is not legal/adjudicated/presumed but has demonstrated a reasonable degree of interest, concern, or responsibility within (A) the first 30 days after birth, (B) before execution of valid consent by the birthing parent, or (C) before placement — whichever period is greater;
• Any person or agency having legal custody;
• The court having jurisdiction (if guardian/custodian cannot consent);
• The adoptee if more than 10 years of age.

☐ CONSENTS NOT REQUIRED (HRS § 578-2(b)):

• Parent who deserted the child for 90 days without affording means of identification;
• Parent who has voluntarily surrendered custody to another for two (2) years;
• Parent whose child has been in another's custody who has failed for one (1) year to communicate with or support the child when able;
• Natural father who was not married to the mother at conception or birth and has not established paternity;
• Parent whose parental rights have been judicially terminated;
• Parent declared mentally ill, intellectually disabled, or incapacitated from giving consent;
• Legal guardian/custodian withholding consent unreasonably;
• Other statutory exceptions.

☐ NO STATEWIDE PUTATIVE FATHER REGISTRY: Unlike NM, NE, or ID, Hawaii does NOT maintain a formal centralized putative father registry. The "concerned natural non-birthing parent" doctrine of § 578-2(a)(5) and § 578-2(b) governs whose consent is required; constructive notice / diligent inquiry must be made.

☐ HOME STUDY / FAMILY COURT INVESTIGATION (HRS § 578-7, § 578-8):

• Court may order a Family Court / DHS social investigation;
• For stepparent and relative adoptions, the home study is commonly WAIVED in practice (see HRS § 578-8 and Family Court Rules).

☐ BACKGROUND CHECKS:

• Hawaii Criminal Justice Data Center (HCJDC) criminal history;
• FBI fingerprint check;
• Hawaii Department of Human Services (DHS) Child Welfare Services central registry check;
• Out-of-state child abuse registry checks for any state of residence in the past five (5) years (Adam Walsh Act).

☐ WAITING PERIOD AFTER BIRTH: Hawaii practice imposes a 72-hour post-birth period before a birth parent's consent / TPR is signed.

☐ ICWA INQUIRY: Inquire whether the adoptee is an "Indian child" and provide notice if so.

☐ FILING:

• Court: Family Court of the appropriate Judicial Circuit
• Filing fee per Hawaii State Judiciary fee schedule; in forma pauperis available
• Caption: "In the Matter of the Adoption of a Male/Female Child" (Hawaii Family Court protects child identifiers in caption)

Document 1 — Petition for Stepparent Adoption

IN THE FAMILY COURT OF THE [_______] JUDICIAL CIRCUIT
STATE OF HAWAII

VERIFIED PETITION FOR STEPPARENT ADOPTION

(HRS Chapter 578)

COME NOW Petitioners [STEPPARENT FULL LEGAL NAME] and [CONSENTING PARENT FULL LEGAL NAME], husband and wife (or spouses), and respectfully petition the Family Court for a Decree of Stepparent Adoption, and allege:

1. Petitioners.

2. Adoptee (caption uses initials only).

3. Other Legal / Biological Parent.

4. Jurisdiction and Venue (HRS § 578-1.5). Jurisdiction and venue are proper in this Family Court because [☐ Petitioners reside in this Judicial Circuit / ☐ the adoptee resides in this Judicial Circuit].

5. UCCJEA Affidavit. A separate UCCJEA Affidavit listing the adoptee's residence(s) for the past five (5) years is filed contemporaneously.

6. ICWA. Petitioners have inquired and:
☐ The adoptee is not an Indian child under 25 U.S.C. § 1903; OR
☐ The adoptee is or may be an Indian child; ICWA notice has been / will be served on [Tribe(s)]: [____________________].

7. Marriage of Petitioners. Petitioners were lawfully married on [__/__/____] in [City, State]; a copy of the marriage certificate is attached as Exhibit A.

8. Adoptee's Residence in Petitioners' Home. The adoptee has resided continuously in Petitioners' home since [__/__/____].

9. Consents (HRS § 578-2).

• Consenting parent (birthing or legal non-birthing parent): signed Consent attached as Exhibit B (joined as Co-Petitioner).
• Adoptee (if over 10): signed written Consent attached as Exhibit C. NOTE: Hawaii's threshold of 10 years (HRS § 578-2(a)(8)) is one of the lowest in the United States.
• Other legal / biological parent: ☐ Consent/Relinquishment attached as Exhibit D; ☐ Consent dispensed with under HRS § 578-2(b) (specify): [____________________________________].

10. Concerned Natural Non-Birthing Parent Inquiry (§ 578-2(a)(5), § 578-2(b)). Petitioners have made diligent inquiry to identify any "concerned natural non-birthing parent" who demonstrated a reasonable degree of interest within the first 30 days after birth, before any consent, or before placement. Result: [____________________]. Hawaii does NOT maintain a centralized putative father registry; due-process notice has been provided as required to any such person identified.

11. Family Court Investigation / Home Study (HRS § 578-7, § 578-8). Petitioners request that the Family Court [☐ waive the home study and investigation / ☐ order an abbreviated investigation] on the ground that this is a stepparent adoption.

12. Background Checks. Stepparent-Petitioner has submitted (or will submit):
☐ Hawaii Criminal Justice Data Center criminal history;
☐ FBI fingerprint background check;
☐ Hawaii DHS Child Welfare Services Central Registry check;
☐ Out-of-state child abuse registry checks for the past five (5) years.

13. Best Interests (HRS § 571-46). The proposed adoption is in the best interests of the adoptee.

14. Name Change. Upon entry of the Decree, the adoptee's legal name shall be [________________________________________].

WHEREFORE, Petitioners pray that this Court:
A. Set this matter for hearing;
B. Waive or abbreviate the Family Court investigation / home study under HRS § 578-7 and § 578-8;
C. Dispense with the consent of any person whose consent is not required under HRS § 578-2(b);
D. Enter a Decree of Stepparent Adoption establishing the parent-child relationship between Stepparent-Petitioner and the adoptee;
E. Terminate any parental rights of the non-consenting legal/biological parent (if applicable);
F. Order the issuance of a new birth certificate under HRS § 338-20;
G. Change the adoptee's legal name as requested; and
H. Grant such other relief as is just and proper.

Dated: [__/__/____]

_________________________________
[STEPPARENT-PETITIONER SIGNATURE]

_________________________________
[CONSENTING PARENT / CO-PETITIONER SIGNATURE]

_________________________________
[ATTORNEY NAME], Hawaii Bar No. [______]
Attorney for Petitioners
[Firm] | [Address] | [Phone] | [Email]

VERIFICATION

We, [STEPPARENT NAME] and [CONSENTING PARENT NAME], being duly sworn, state under oath that we have read the foregoing Petition and the facts stated are true and correct to the best of our knowledge.

_________________________________ _________________________________
[STEPPARENT SIGNATURE] [CONSENTING PARENT SIGNATURE]

State of Hawaii, County of [______________]
Subscribed and sworn before me on [__/__/____].

_________________________________
Notary Public — My Commission Expires: [__/__/____]

Document 2 — Consent of Spouse / Consenting Parent (Exhibit B)

(HRS § 578-2(a))

I, [CONSENTING PARENT FULL LEGAL NAME], the [☐ birthing parent / ☐ legal non-birthing parent / ☐ adoptive parent] of [ADOPTEE NAME], born [__/__/____], and the lawful spouse of [STEPPARENT NAME] since [__/__/____], hereby:

1. JOIN as Co-Petitioner;
2. Freely, knowingly, and voluntarily CONSENT to the adoption of my child by my spouse;
3. Understand that the Decree will create a legal parent-child relationship between my spouse and my child but will not terminate my own parental rights as the consenting parent in a stepparent adoption;
4. Confirm this Consent is executed more than 72 hours after the birth of the child;
5. Acknowledge that under HRS § 578-2(f), consent generally cannot be withdrawn after placement unless withdrawal is in the child's best interests.

Dated: [__/__/____]

_________________________________
[CONSENTING PARENT SIGNATURE]

State of Hawaii, County of [______________]
Acknowledged before:

_________________________________
Judge / Notary Public — My Commission Expires: [__/__/____]

Document 3 — Consent of Adoptee Age 10 or Older (Exhibit C)

(HRS § 578-2(a)(8))

I, [ADOPTEE FULL LEGAL NAME], having attained the age of more than ten (10) years (DOB: [__/__/____]), state:

1. I understand that [STEPPARENT NAME] has filed a Petition to adopt me;
2. I understand the meaning of adoption — that [Stepparent] will become my legal parent with all the rights and responsibilities of a parent;
3. I have had the opportunity to ask questions of [my consenting parent / counsel / a guardian ad litem if appointed];
4. I freely and voluntarily CONSENT to the adoption;
5. I [☐ agree / ☐ do not agree] to the change of my legal name to: [________________________________].

Dated: [__/__/____]

_________________________________
[ADOPTEE SIGNATURE]

Witnessed by:

_________________________________
Family Court Judge / Authorized Officer

Document 4 — Consent / Affidavit of Voluntary Relinquishment of Parental Rights / Termination Petition (Exhibit D)

(HRS § 578-2, § 571-61)

I, [NON-CONSENTING PARENT FULL LEGAL NAME], the [☐ birthing parent / ☐ legal non-birthing parent / ☐ adjudicated non-birthing parent / ☐ presumed non-birthing parent] of [ADOPTEE NAME], born [__/__/____], state under oath:

1. I am the [biological / legal] parent of the child.
2. I have been fully informed of my parental rights and of the consequences of executing this Consent / Relinquishment, including permanent termination of all my parental rights upon entry of the Decree.
3. I have had the opportunity to consult independent counsel.
4. I confirm this Consent is executed more than 72 hours after the birth of the child.
5. I freely, knowingly, voluntarily, and without coercion, fraud, or duress, CONSENT to the adoption of the child by [STEPPARENT NAME] and RELINQUISH all of my parental rights.
6. I understand that under HRS § 578-2(f), this Consent generally cannot be withdrawn after the child is placed with prospective adoptive parents unless withdrawal would be in the child's best interests.
7. I waive further notice of these proceedings.

Dated: [__/__/____]

_________________________________
[RELINQUISHING PARENT SIGNATURE]

State of [____], County of [____]
Subscribed and sworn / acknowledged before:

_________________________________
Family Court Judge / Notary Public — My Commission Expires: [__/__/____]

Document 5 — Affidavit Regarding Concerned Natural Non-Birthing Parent / Putative Father (Constructive Notice)

(HRS § 578-2(a)(5), § 578-2(b))

I, [AFFIANT NAME], being duly sworn, state:

1. I am the [☐ birthing parent / ☐ stepparent-petitioner] in the above matter.
2. The alleged natural non-birthing parent of [ADOPTEE NAME], born [__/__/____], is identified as: [_______________________] (or: "unknown / unidentified despite diligent inquiry").
3. Hawaii does not maintain a putative father registry. I have therefore taken the following steps to identify and locate any "concerned natural non-birthing parent":
   - Inquiry of the birthing parent: ☐ Completed
   - Search of court records and birth records: ☐ Completed
   - Internet / public-records search: ☐ Completed
   - Inquiry of relatives: ☐ Completed
   - Other: [____________________]
4. I attest to the following with respect to whether any natural non-birthing parent has demonstrated a "reasonable degree of interest, concern, or responsibility" within (a) the first 30 days after the child's birth, (b) before execution of the birthing parent's valid consent, or (c) before placement of the child:
   - Did the alleged parent demonstrate any such interest? ☐ Yes ☐ No
   - Description: [____________________________________________________]
5. Notice (☐ personal / ☐ certified mail / ☐ publication) has been or will be provided as required by the Family Court Rules.
6. Based on the foregoing, the alleged parent's consent is [☐ required / ☐ not required] under HRS § 578-2.

Dated: [__/__/____]

_________________________________
[AFFIANT SIGNATURE]

State of Hawaii, County of [______________]
Subscribed and sworn before me on [__/__/____].

_________________________________
Notary Public — My Commission Expires: [__/__/____]

Document 6 — Motion and Order to Waive Home Study / Investigation

(HRS § 578-7, § 578-8)

MOTION TO WAIVE FAMILY COURT INVESTIGATION / HOME STUDY

Petitioners respectfully move the Family Court to waive the investigation and home study under HRS § 578-7 and § 578-8, and state:

1. This is a stepparent adoption;
2. Stepparent-Petitioner has been married to the consenting parent since [__/__/____];
3. The adoptee has resided continuously in Petitioners' home since [__/__/____];
4. Stepparent-Petitioner has submitted (or will submit) HCJDC, FBI, DHS CWS Central Registry, and out-of-state registry background checks;
5. Hawaii practice in stepparent and relative adoptions favors waiver or abbreviation of the home study;
6. Waiver is in the best interests of the child.

WHEREFORE, Petitioners pray for an Order waiving the home study.

_________________________________
[PETITIONERS / COUNSEL SIGNATURE]

ORDER

UPON Motion of Petitioners and good cause appearing, the Family Court finds this is a stepparent adoption and WAIVES (or abbreviates) the investigation / home study under HRS § 578-7 and § 578-8.

Dated: [__/__/____]

_________________________________
FAMILY COURT JUDGE

Document 7 — Background Check Authorization and Affidavit

I, [STEPPARENT-PETITIONER NAME], authorize the Hawaii Criminal Justice Data Center, the Federal Bureau of Investigation, the Hawaii Department of Human Services Child Welfare Services (Central Registry), and the child abuse registries of every state in which I have resided in the past five (5) years to release records to this Court and Petitioners' counsel.

States of residence (past 5 years):
| State | Dates |
|---|---|
| [______] | [__/__/____] to [__/__/____] |
| [______] | [__/__/____] to [__/__/____] |

I affirm under penalty of perjury:
☐ I have never been convicted of a felony, child abuse, neglect, sex offense, or domestic violence; OR
☐ I disclose: [____________________________________________________].
☐ I am not named as a substantiated perpetrator on any state's child abuse registry; OR
☐ I disclose: [____________________________________________________].

Dated: [__/__/____]

_________________________________
[STEPPARENT-PETITIONER SIGNATURE]

Notary:

_________________________________
Notary Public — My Commission Expires: [__/__/____]

Document 8 — Notice of Adoption Proceedings (Constructive / Direct Notice)

(HRS § 578-2; Hawaii Family Court Rules)

TO: [NAME OF PERSON ENTITLED TO NOTICE / "ANY UNKNOWN PARENT"]
Last Known Address: [_______________________________________________]

You are hereby notified that a Petition for Stepparent Adoption of the following child has been filed in the Family Court of the [____] Judicial Circuit, State of Hawaii:

If you claim to be a parent of the above-named child and wish to assert parental rights, you must file a written response or appear at the hearing scheduled for [__/__/____] at [Time] in the Family Court of the [____] Judicial Circuit. Failure to respond may result in the Decree of Adoption being entered without your consent and the termination of any parental rights you may have.

Dated: [__/__/____]

_________________________________
[PETITIONERS / COUNSEL SIGNATURE]

Proof of Service

☐ Personal service on [__/__/____].
☐ Certified mail, return receipt, on [__/__/____].
☐ Publication ordered [__/__/____]; published in [Newspaper] on [__/__/____], [__/__/____], [__/__/____].

Document 9 — Decree of Stepparent Adoption

(HRS § 578-8)

IN THE FAMILY COURT OF THE [_______] JUDICIAL CIRCUIT
STATE OF HAWAII

DECREE OF STEPPARENT ADOPTION

THIS MATTER came before the Court on [__/__/____] upon the Verified Petition for Stepparent Adoption. The Court, having reviewed the pleadings, consents, background checks, and having heard testimony, FINDS:

1. The Court has jurisdiction and venue under HRS § 578-1.5.
2. Petitioners are lawfully married and reside together in the [____] Judicial Circuit.
3. The consenting parent has joined this Petition as Co-Petitioner.
4. The adoptee, [ADOPTEE NAME], born [__/__/____], has resided in Petitioners' home continuously since [__/__/____].
5. All consents required by HRS § 578-2 have been obtained or dispensed with as authorized by § 578-2(b).
6. The adoptee [☐ has consented (over age 10) / ☐ is age 10 or younger — consent not required / ☐ consent dispensed with in the child's best interests under § 578-2(a)(8)].
7. Diligent inquiry has been made for any "concerned natural non-birthing parent"; due-process notice has been provided as required. Hawaii does not maintain a centralized putative father registry.
8. The home study / Family Court investigation has been waived (or abbreviated) for good cause.
9. Background checks (HCJDC, FBI, DHS CWS Central Registry, out-of-state) of Stepparent-Petitioner are satisfactory.
10. ICWA [☐ does not apply / ☐ has been complied with].
11. The adoption is in the best interests of the adoptee pursuant to HRS § 571-46 and § 578-8.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The Petition for Stepparent Adoption is GRANTED.

B. From the date of this Decree, [STEPPARENT NAME] is the legal parent of [ADOPTEE NAME] for all purposes, with all rights, duties, and obligations of a natural parent under Hawaii law.

C. The parental rights of [CONSENTING PARENT NAME] are NOT terminated and remain in full force and effect.

D. The parental rights of [NON-CONSENTING PARENT NAME, if applicable] are TERMINATED.

E. The adoptee's legal name is changed to: [________________________________________].

F. The Hawaii Department of Health, Office of Health Status Monitoring — Vital Records (or the vital records office of the state of birth) is ORDERED pursuant to HRS § 338-20 to issue a new certificate of birth reflecting Petitioners as the parents of the adoptee under the adoptee's new legal name. The original birth certificate shall be sealed.

G. All records of this proceeding shall be sealed in accordance with Hawaii law.

Dated: [__/__/____]

_________________________________
FAMILY COURT JUDGE

Document 10 — Application for New Certificate of Birth

(HRS § 338-20)

TO: HAWAII DEPARTMENT OF HEALTH — OFFICE OF HEALTH STATUS MONITORING — VITAL RECORDS (or state of birth, if not Hawaii)

Pursuant to the Decree of Stepparent Adoption entered [__/__/____] in the Family Court of the [____] Judicial Circuit, State of Hawaii, FC-A No. [______________], application is made for a NEW CERTIFICATE OF BIRTH.

A certified copy of the Decree is attached.

Submitted by:

_________________________________
[PETITIONERS / COUNSEL]
[Address] | [Phone] | [Email]

Dated: [__/__/____]

Sources and References

• HRS Chapter 578 (Adoption)
• HRS § 338-20 (New certificate of birth)
• HRS § 571-46, § 571-61 (Best interests; relinquishment / TPR)
• Hawaii State Judiciary — Family Court forms (1FP-2032 and related)
• Hawaii Department of Health — Office of Health Status Monitoring (Vital Records)
• Hawaii Department of Human Services — Child Welfare Services
• Child Welfare Information Gateway — Consent to Adoption: Hawaii

Disclaimer: This packet is a general-purpose template only. Hawaii's age-10 consent threshold (HRS § 578-2(a)(8)) is among the lowest in the United States, and Hawaii does NOT maintain a centralized putative father registry — diligent inquiry and constructive notice are required. Hawaii Family Court forms and local practice vary by Judicial Circuit. Consult a licensed Hawaii attorney before filing.