HRS 0584- ANNOTATIONS

Note

Commission on fatherhood (repealed June 30, 2005). L 2003, c 156.

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.

 

 

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