SB2571 HD1.DOC

SECTION 1. The legislature finds that in 2011, Act 1, Session Laws of Hawaii 2011 (Act 1) was enacted into law. Act 1 established the status of civil unions in this State, which granted eligible couples "all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572", Hawaii Revised Statutes.

The legislature recognizes that the State, over time, has woven into our laws a collection of rights, benefits, and obligations applicable to married couples and families. Through Act 1, the legislature intended that these rights and benefits be applied identically to civil union partners. As correctly stated by the house committee on judiciary in Standing Committee Report No. 156 (2011), "It is the intention of your Committee that this measure be liberally construed to provide equality of rights, benefits, protections, and responsibilities to the partners of a civil union. It is not the intention of your Committee to omit any substantive rights, benefits, protections, or responsibilities with respect to the application of this new chapter to any current law, including any law relating to parent-child relationships."

The purpose of this Act is to assure that the original intent of Act 1 is fulfilled by making clarifying amendments to select statutory provisions to:

(1) Settle potential confusion regarding the scope of Act 1's intent; and

(2) Clarify statutory language governing procedures and processes to facilitate the implementation of Act 1.

In making these amendments, it is the intent of the legislature to reconfirm and clarify the original intent of Act 1. Nothing about this Act should be interpreted to weaken or lessen any of the protections, obligations, rights, and responsibilities governed by Act 1.

SECTION 2. Chapter 509, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§509- Tenancy by the entirety when owners change relationship status. (a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their ownership as tenants by the entirety shall be continuous:

(1) If the new legal relationship is entered into simultaneously with the termination of the earlier legal relationship; or

(2) If the new legal relationship is entered into within ninety days of the termination of the earlier legal relationship; provided that no liens were perfected on the property in the interim.

(b) The continuity of a tenancy by the entirety under this section shall apply to couples married under chapter 572, civil union partners under chapter 572B, and reciprocal beneficiaries under chapter 572C.

(c) Nothing in this section precludes any individuals from opting to hold their property in another manner, as permitted under this chapter.

(d) Nothing in this section shall impact any liens perfected on the property after the earlier legal relationship was terminated and before this section becomes effective pursuant to article III, section 16 of the Hawaii State Constitution."

SECTION 3. Chapter 572B, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"572B‑ Construction. (a) This chapter shall be liberally construed and applied to promote its underlying purpose, which is to provide partners to a civil union with all the same rights, benefits, protections, and responsibilities under law as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572.

(b) Selected amendments to statutes, or failure to amend all or portions of statutes, to include references to this chapter, civil unions, or civil union partners, shall not be interpreted as legislative intent to exclude any rights, benefits, protections, or responsibilities from the scope of section 572B-9 or this chapter.

§572B- Rights held by reciprocal beneficiaries who enter into a civil union. (a) If two reciprocal beneficiaries enter into a civil union with each other, the rights, benefits, protections, or responsibilities created by the reciprocal beneficiary relationship shall be continuous through the civil union and deemed to have accrued as of the first date these rights existed under the reciprocal beneficiary relationship; provided that the individuals terminated their reciprocal beneficiary relationship simultaneously with their entry into a civil union, or ninety days immediately preceding their entry into a civil union.

(b) Any rights, benefits, protections, or responsibilities created by the solemnization of a civil union that were not included within a reciprocal beneficiary relationship shall be recognized as of the date the civil union was solemnized.

§572B- Conscience Provision. (a) Notwithstanding any law to the contrary, including Chapter 489, Hawaii Revised Statutes, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if the request for such services, accommodation, advantages, facilities, goods, or privileges is related to the solemnization of a civil union in their facilities. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this section shall not create any civil claim or cause of action. This section shall not be construed to limit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from selectively providing services, accommodations, advantages, facilities, goods, or privileges to some individuals with respect to the solemnization or celebration of a civil union but not to others.

(b) For the purposes of this section, "facilities" includes facilities owned or leased by a religious organization that are regularly used for worship or ministry activities in the religious work of the organization."

SECTION 4. Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§584‑ Child of parents in a civil union. (a) A civil union partner is presumed to be the parent of a child if:

(1) The partner and the child's biological parent are or have been in a civil union with each other and the child is born during the civil union, or within three hundred days after the civil union is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, the partner and the child's biological parent have attempted to enter into a civil union with each other by a solemnization in apparent compliance with the law, although the attempted civil union is or could be declared invalid; and:

(A) If the attempted civil union could be declared invalid only by a court, the child is born during the attempted civil union, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or

(B) If the attempted civil union is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(3) While the child is under the age of majority, the civil union partner receives the child into the partner's home and openly holds out the child as the partner's own child; or

(4) Pursuant to section 584-11, the partner submits to court ordered genetic testing and the results, as stated in a report prepared by the testing laboratory, do not exclude the possibility of the partner's biological relationship to the child; provided that the testing used has a power of exclusion greater than 99.0 per cent and a minimum combined paternity index of five hundred to one.

(b) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise under this section or under section 584-4 that conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing parenthood of the child by another person."

SECTION 5. Section 572B-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572B-2[]] Eligibility to enter into a civil union. A person shall be eligible to enter into a civil union only if the person is:

(1) Not a partner in another civil union[,] or a spouse in a marriage[~~, or a party to a reciprocal beneficiary relationship pursuant to chapter 572C~~];

(2) At least eighteen years of age; and

(3) Not related to the other proposed partner in the civil union, as provided in section 572B‑3."

SECTION 6. Section 572B-4, Hawaii Revised Statutes, is amended to read as follows:

"(b) Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any [~~ordained or licensed member of the clergy~~] minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize civil unions according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society may solemnize a civil union. [Solemnization may be entirely secular or may be performed according to the forms and usages of any religious denomination in this State. Nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for the failure or refusal.]"

SECTION 7. Section 572B-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No persons may be joined in a civil union in this State unless both partners have:

(1) Met the requirements of section 572B-2;

(2) Complied with section 572B-6 and, if applicable, section 572B-7; and

(3) Been issued a license by an agent [~~in the judicial circuit in which a civil union is to be solemnized or in which either person resides~~], which license shall bear the certification of the agent that the persons named therein have met the requirements of section 572B-2 and have complied with section 572B-6 and, if applicable, section 572B-7."

SECTION 8. Section 572B-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The fee for a license to enter into a civil union shall be an amount equal to the amount prescribed in section 572-5, and all amounts collected by the agent or the department of health as application fees under this chapter shall be retained or remitted and apportioned in the same manner as prescribed in section 572-5."

SECTION 9. Section 572B-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572B-10[]] [~~Civil unions~~] Unions performed in other jurisdictions. [~~All unions entered into in other jurisdictions between two individuals not recognized under section 572-3 shall be recognized as civil unions;~~] A legal union of two persons that is not a marriage under chapter 572, was validly formed in another jurisdiction, and is substantially equivalent to a civil union under this chapter, shall be recognized as a valid civil union in this State and shall be treated the same as a civil union entered into in this State regardless of whether it bears the name civil union; provided that the relationship meets the eligibility requirements of this chapter, has been entered into in accordance with the laws of that jurisdiction, and can be documented."

SECTION 10. Section 572B-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572B-11[]] References and inclusions. A party to a civil union shall be included in any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the laws of the State. Where necessary to implement the rights of civil union partners under this chapter, gender-specific terms referring to spouses or previous spouses shall be construed to include civil union partners."

SECTION 11. Section 572C-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§572C-4[]] Requisites of a valid reciprocal beneficiary relationship. In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that:

(1) Each of the parties be at least eighteen years old;

(2) Neither of the parties be married [~~nor~~], a party to another reciprocal beneficiary relationship[;], or a partner in a civil union;

(3) The parties be legally prohibited from marrying one another under chapter 572;

(4) Consent of either party to the reciprocal beneficiary relationship has not been obtained by force, duress, or fraud; and

(5) Each of the parties sign a declaration of reciprocal beneficiary relationship as provided in section 572C-5."

SECTION 12. Section 572C-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [Any marriage license subsequently issued by the department to any individual registered as a reciprocal beneficiary shall automatically terminate the individual's existing reciprocal beneficiary relationship.] Any reciprocal beneficiary relationship shall automatically terminate upon either of the reciprocal beneficiaries entering into a marriage or a civil union solemnized by a person licensed by the department to solemnize marriages or civil unions or entering into a legal union in another jurisdiction that is recognized as a marriage or civil union in this State."

SECTION 13. Section 574-1, Hawaii Revised Statutes, is amended to read as follows:

"§574-1 Married persons[.]; civil union partners. Upon marriage or civil union, each of the parties to a marriage or partners to a civil union shall declare the middle and last names each will use as a married person[.] or civil union partner. The last name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse[,] or partner, or any combination of such names, which may, but need not, be separated by a hyphen. The middle name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse[,] or partner, or any combination of such names, which may, but need not, be separated by a hyphen."

SECTION 14. Section 574-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) It shall be unlawful to change any name adopted or conferred under this chapter, except:

(1) Upon an order of the lieutenant governor;

(2) By a final order, decree, or judgment of the family court issued as follows:

(A) When in an adoption proceeding a change of name of the person to be adopted is requested and the court includes the change of name in the adoption decree;

(B) When in a divorce proceeding either party to the proceeding requests to resume the middle name or names and the last name used by the party prior to the marriage or civil union or a middle name or names and last name declared and used during any prior marriage or civil union and the court includes the change of names in the divorce decree; or

(C) When in a proceeding for a change of name of a legitimate or legitimated minor initiated by one parent, the family court, upon proof that the parent initiating the name change has made all reasonable efforts to locate and notify the other parent of the name change proceeding but has not been able to locate, notify, or elicit a response from the other parent, and after an appropriate hearing, orders a change of name determined to be in the best interests of the minor; provided that the family court may waive the notice requirement to the noninitiating, noncustodial parent where the court finds that the waiver is necessary for the protection of the minor;

(3) Upon marriage or civil union pursuant to section 574-1;

(4) Upon legitimation pursuant to section 338-21; or

(5) By an order or decree of any court of competent jurisdiction within any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, changing the name of a person born in this State.

Any law to the contrary notwithstanding, no person who is a covered offender subject to the registration requirements of section 846E-2 may obtain a name change, other than as provided in paragraph (2), (3), (4), or (5), unless a court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety."

SECTION 15. Section 578-1, Hawaii Revised Statutes, is amended to read as follows:

"§578-1 Who may adopt; jurisdiction; venue. Any proper adult person, not married, or any person married to or in a civil union with the legal father or mother of a minor child, or a husband and wife jointly, or partners in a civil union jointly may petition the family court of the circuit in which the person or persons reside or are in military service or the family court of the circuit in which the individual to be adopted resides or was born or in which a child placing organization approved by the department of human services under the provisions of section 346-17 having legal custody (as defined in section 571-2) of the child is located, for leave to adopt an individual toward whom the person or persons do not sustain the legal relationship of parent and child and for a change of the name of the individual. When adoption is the goal of a permanent plan recommended by the department of human services and ordered pursuant to section 587A-31, the department may petition for adoption on behalf of the proposed adoptive parents. The petition shall be in such form and shall include such information and exhibits as may be prescribed by the family court."

SECTION 16. Section 578-2, Hawaii Revised Statutes, is amended to read as follows:

"§578-2 Consent to adoption. (a) Persons required to consent to adoption. Unless consent is not required or is dispensed with under subsection (c) hereof, a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:

(1) The mother of the child;

(2) A legal father as to whom the child is a legitimate child;

(3) An adjudicated father whose relationship to the child has been determined by a court;

(4) A presumed father under section 578-2(d);

(5) A presumed parent under section 578-2(e);

[~~(5)~~] (6) A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern or responsibility as to the welfare of a child, either:

(A) During the first thirty days after such child's birth; or

(B) Prior to the execution of a valid consent by the mother of the child; or

whichever period of time is greater;

[~~(6)~~] (7) Any person or agency having legal custody of the child or legally empowered to consent;

[~~(7)~~] (8) The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption; or

[~~(8)~~] (9) The child to be adopted if more than ten years of age, unless the court in the best interest of the child dispenses with the child's consent.

(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse, if the adult is married[.], or the adult's partner in a civil union, if the adult is a partner in a civil union.

(1) Persons as to whom consent not required:

(A) A parent who has deserted a child without affording means of identification for a period of ninety days;

(B) A parent who has voluntarily surrendered the care and custody of the child to another for a period of two years;

(C) A parent of the child in the custody of another, if the parent for a period of at least one year has failed to communicate with the child when able to do so;

(D) A parent of a child in the custody of another, if the parent for a period of at least one year has failed to provide for the care and support of the child when able to do so;

(E) A natural father who was not married to the child's mother at the time of the child's conception or birth and who does not fall within the provisions of subsection (a)(3), (4), [or] (5)[;], or (6);

(F) A parent whose parental rights have been judicially terminated under the provisions of sections 571-61 to 571-63, or under the provisions of any other state or other law by a court or other agency having jurisdiction to take the action;

(G) A parent judicially declared mentally ill or intellectually disabled and who is found by the court to be incapacitated from giving consent to the adoption of the child;

(H) Any legal guardian or legal custodian of the child sought to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of sixty days or who, after examination of the person's written reasons for withholding consent, is found by the court to be withholding the person's consent unreasonably;

(I) A parent of a child who has been in the custody of a petitioner under this chapter for a period of at least one year and who entered the United States of America as a consequence of extraordinary circumstances in the child's country of origin, by reason of which extraordinary circumstances the existence, identity, or whereabouts of the child's parents is not reasonably ascertainable or there is no reasonable means of obtaining suitable evidence of the child's identity or availability for adoption;

(J) Any parent of the individual to be adopted, if the individual is an adult eligible for adoption under subsection (b); and

(K) A parent whose parental and custodial duties and rights have been divested by an award of permanent custody pursuant to section 587A-33;

(2) Persons whose consent may be dispensed with by order of the court. The court may dispense with the consent of a parent who comes within subsection (a)(3), (4), [or] (5), or (6) herein, upon finding that:

(A) The petitioner is the stepfather of the child and the child has lived with the child's legal mother and the petitioning stepfather for a period of at least one year;

(B) The father is a concerned father as provided by subsection [~~(a)(5),~~] (a)(6), herein, and has not filed a petition to adopt the child, or the petition to adopt the child filed by the father has been denied; or

(C) The father is an adjudicated, presumed, or concerned father or parent as provided by subsections (a)(3), (4), [or] (5), or (6), herein, and is not a fit and proper person or is not financially or otherwise able to give the child a proper home and education.

(d) Presumption of paternity. A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(A) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or

(B) If the attempted marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid; and

(A) He has acknowledged his paternity of the child in writing filed with the department of health;

(B) With his consent he is named as the child's father on the child's birth certificate; or

(4) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or

(5) He acknowledges his paternity of the child in writing filed with the department of health, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the department of health. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted. If the acknowledgment is filed and not disputed by the mother and if another man is not presumed under this section to be the child's father, the department of health shall prepare a new certificate of birth in accordance with chapter 338.

(e) Child of parents in a civil union. A civil union partner is presumed to be the parent of a child if:

(2) Before the child's birth, the partner and the child's biological parent have attempted to enter into a civil union with each other by solemnization in apparent compliance with law, although the attempted civil union is or could be declared invalid; and:

(B) If the attempted civil union is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or

(3) While the child is under the age of majority, the civil union partner receives the child into the partner's home and openly holds out the child as the partner's own child.

[~~(e)~~] (f) Notice of hearing; minor parent; consent authorizing selection of adoptive parents. No hearing of a petition for adoption shall be had unless each of the living parents of the child who falls within the provisions of subsection (a) and who has not consented to the proposed adoption, but who is alleged to come within the provisions of subsection (c)(1)(A), (B), (C) and (D) or (c)(2) of this section, and any man whose name appears as father on the child's birth certificate, shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof. Such notice need not be given to any parent whose parental rights have been legally terminated as hereinabove provided or whose consent has been filed with the court.

The minority of a child's parent shall not be a bar to the right of such parent to execute a valid and binding consent to the adoption of such child.

Any parental consent required hereunder shall be valid and binding even though it does not designate any specific adoptive parent or parents, if it clearly authorizes the department of human services, or a child placing organization approved by the department under the provisions of section 346-17 or some proper person not forbidden by law to place a child for adoption, to select and approve an adoptive parent or parents for the child.

[~~(f)~~] (g) Withdrawal of consent. A consent to adoption which has been filed or received in evidence in an adoption proceeding or which has been given to the department of human services or to a child placing organization approved by the department under section 346-17, or to any other proper person not forbidden by law to place or receive an individual for adoption, may not be withdrawn or repudiated after the individual has been placed for adoption, without the express approval of the court based upon a written finding that such action will be for the best interests of the individual to be adopted.

[~~(g)~~] (h) Maintenance of action based on medical or surgical treatment of child barred when. A person who consents to adoption, or on whose behalf a consent to adoption is signed, and a nonconsenting parent whose consent is not required or is dispensed with hereunder shall be barred from maintaining any action based upon medical or surgical care or treatment given to the child with the permission of the petitioner or petitioners or the person or agency authorized by the parental consent to select and approve an adoptive parent or parents; provided that nothing herein contained shall be construed to alienate or impair any cause of action accruing to the child for personal injury which may be sustained as a result of such medical or surgical care or treatment."

SECTION 17. Section 578-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No decree of adoption shall be entered unless a hearing has been held at which the petitioner or petitioners, and any legal parent married to a petitioner, any partner in a civil union with a petitioner, and any subject of the adoption whose consent is required, have personally appeared before the court, unless expressly excused by the court. After considering the petition and such evidence as the petitioners and any other properly interested person may wish to present, the court may enter a decree of adoption if it is satisfied (1) that the individual is adoptable under sections 578-1 and 578-2, (2) that the individual is physically, mentally, and otherwise suitable for adoption by the petitioners, (3) that the petitioners are fit and proper persons and financially able to give the individual a proper home and education, if the individual is a child, and (4) that the adoption will be for the best interests of the individual, which decree shall take effect upon such date as may be fixed therein by the court, such date to be not earlier than the date of the filing of the petition and not later than six months after the date of the entry of the decree."

SECTION 18. Section 578-16, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Except as provided in subsection (e), all legal duties and rights between the individual and the individual's former legal parent or parents shall cease from the time of the adoption; provided that if the individual is adopted by a person married to a legal parent of the individual[,] or by any partner in a civil union with a legal parent of the individual, the full reciprocal rights and duties which theretofore existed between the legal parent and the individual, and the rights of inheritance as between the individual and the legal parent and the legal relatives of the parent, as provided in chapter 560, shall continue, notwithstanding the adoption, subject only to the rights acquired by and the duties imposed upon the adoptive parents by reason of the adoption."

SECTION 19. Section 580-1, Hawaii Revised Statutes, is amended to read as follows:

"§580-1 Jurisdiction; hearing. Exclusive original jurisdiction in matters of annulment, divorce, and separation, subject to section 603-37 as to change of venue, and subject also to appeal according to law, is conferred upon the family court of the circuit in which the applicant has been domiciled or has been physically present for a continuous period of at least three months next preceding the application therefor. No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months next preceding the application therefor. A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited from meeting the requirements of this section. The family court of each circuit shall have jurisdiction over all proceedings relating to the annulment, divorce, and separation of civil unions entered into in this State or civil unions recognized as civil unions in this State in the same manner as marriages."

SECTION 20. Section 584-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-1[]] Parent and child relationship defined. As used in this chapter, "parent and child relationship" includes the legal relationship existing between a child and the child's natural mother, between a child and father or mother whose relationship as parent and child is established under this chapter, between a child and parent whose relationship as parent and child is established under this chapter, or between a child and the child's adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations."

SECTION 21. Section 584-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-3[]] How parent and child relationship established. The parent and child relationship between a child and:

(1) The natural mother may be established by proof of her having given birth to the child, or under this chapter;

(2) The natural father may be established under this chapter;

(3) A presumed parent may be established under this chapter;

[~~(3)~~] (4) An adoptive parent may be established by proof of adoption."

SECTION 22. Section 584-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise under this section or under section 584- which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man."

SECTION 23. Section 584-6.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-6.5[]] Temporary support order based on probable paternity[.] or parentage. In all contested paternity actions where a presumption of paternity as defined in section 584-4, or where a presumption of parentage as defined in section 584- exists, upon motion by a party, the court shall order temporary support for the child pending a judicial determination of parentage."

SECTION 24. Section 584-8.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-8.5[]] Paternity or parentage determinations from other states and territories. Paternity or parentage determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a paternity or parentage adjudication in this State."

SECTION 25. Section 584-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The child may be made a party to the action and may be represented by the child's general guardian or a guardian ad litem appointed by the court. The child's mother or father shall not represent the child as guardian or otherwise. Subject to section 584-6(e), the natural mother, each man presumed to be the father under section 584-4, each man alleged to be the natural father, each person presumed to be the parent under section 584- , and the child support enforcement agency, if public assistance moneys are or have been paid for the support of the subject child, shall be made parties, or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and an opportunity to be heard."

SECTION 26. Section 584-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-10[]] Pretrial proceedings. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship or the existence or nonexistence of a parent and child relationship has been brought, an informal hearing shall be held. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court orders. Rules of evidence need not be observed. "

SECTION 27. Section 584-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§584-13 Pretrial recommendations. (a) On the basis of the information produced at the pre-trial hearing, the judge conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship or the parent and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following:

(1) That the action be dismissed with or without prejudice;

(2) That the matter be compromised by an agreement among the alleged father, the mother, or the parent and the child, in which the father and child relationship or the parent and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father or alleged parent in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge conducting the hearing shall consider the best interest of the child, in the light of the factors enumerated in section 576D-7, discounted by the improbability, as it appears to [~~him,~~] the judge of establishing the alleged father's paternity or nonpaternity of the child or the alleged parent's parentage or nonparentage in a trial of the action. In the best interest of the child, the court may order that the alleged father's or alleged parent's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father or alleged parent and disburse on behalf of the child all amounts paid by the alleged father or alleged parent in fulfillment of obligations imposed on [~~him;~~] the alleged father or alleged parent or

(3) That the alleged father or alleged parent voluntarily acknowledge [~~his~~] the alleged father's or alleged parent's paternity or parentage of the child."

SECTION 28. Section 584-15, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Upon neglect or refusal to give this security, or upon default of the [~~father or the father's~~] parent or the parent's surety in compliance with the terms of the judgment, the court may order the forfeiture of any such security and the application of the proceeds thereof toward the payment of any sums due under the terms of the judgment and may also sequester the [~~father's~~] parent's personal estate, and the rents and profits of the [~~father's~~] parent's real estate, and may appoint a receiver thereof, and may cause the [~~father's~~] parent's personal estate, including any salaries, wages, commissions, or other moneys owed to [~~him~~] the parent and the rents and profits of [~~his~~] the parent's real estate, to be applied toward the meeting of the terms of the judgment, to the extent that the court, from time to time, deems just and reasonable. The judgment or order may direct the [~~father~~] parent to pay the reasonable expenses of the mother's pregnancy and confinement, including but not limited to medical insurance premiums, such as for MedQuest, which cover the periods of pregnancy, childbirth, and confinement. The court may further order the noncustodial parent to reimburse the custodial parent, the child, or any public agency for reasonable expenses incurred prior to entry of judgment, including support, maintenance, education, and funeral expenses expended for the benefit of the child.

(d) Support judgment or orders ordinarily shall be for periodic payments which may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the [~~father's~~] parent's liability for past support of the child to the proportion of the expenses already incurred that the court deems just."

SECTION 29. Section 584-17, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) If existence of the [~~father~~] parent and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the [~~father~~] parent may be enforced in the same or other proceedings by the mother[,] or other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent the person has furnished or is furnishing these expenses.

(b) The court may order support payments to be made to the mother[,] or other parent, the child support enforcement agency, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court."

SECTION 30. Section 584-20, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon paternity or parentage being established, the confidentiality requirement shall not extend to the judgment and all subsequently filed documents that are used in good faith for support and medical expenses, insurance, or enforcement purposes, except that the confidentiality requirement shall continue to apply to any references to a non-adjudicated alleged or presumed father[.] or parent."

SECTION 31. Section 584-22, Hawaii Revised Statutes, is amended to read as follows:

"[§584-22] Promise to render support. (a) Any promise in writing to furnish support for a child, growing out of a supposed or alleged father and child relationship[,] or parent and child relationship, shall not require consideration and shall be enforceable according to its terms.

(b) In the best interest of the child or the mother[,] or parent, the court may, and upon request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise."

SECTION 32. Section 584-23.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§584-23.5[]] Paternity or parentage judgment, acknowledgment, support order; social security number. The social security number of any individual who is subject to a paternity or parentage judgment or acknowledgment, or support order issued under this chapter shall be placed in the records relating to the matter."

SECTION 33. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "parent" to read as follows:

""Parent" means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section [~~578-2(a)(5),~~] 578-2(a)(6), unless the child has been legally adopted; the presumed parent as provided in section 578-2(e), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child."

SECTION 34. If two individuals terminated a reciprocal beneficiary relationship after November 1, 2011, but before this Act becomes effective pursuant to article III, section 16 of the Hawaii State Constitution, and the two individuals subsequently entered or enter into a civil union no later than ninety days after their reciprocal beneficiary relationship terminated, their reciprocal beneficiary relationship shall be deemed to continue uninterrupted until the civil union was or is solemnized. The couple shall suffer no loss or interruption of any rights, benefits, protections, or obligations derived from their reciprocal beneficiary relationship if they meet the requirements of this section. For purposes of this section, holding title to property as tenants by the entirety shall be included among the rights of a reciprocal beneficiary relationship that shall continue uninterrupted under this section; provided that no intervening liens were attached and perfected on the property after the reciprocal beneficiary relationship was terminated, but before this Act becomes effective pursuant to article III, section 16 of the Hawaii State Constitution,

SECTION 35. Notwithstanding subsection 572C-7(c), if, before this Act becomes effective pursuant to article III, section 16 of the Hawaii State Constitution, two individuals entered into a valid legal union in another jurisdiction that is not a marriage subject to chapter 572, Hawaii Revised Statutes, and is substantially equivalent to a civil union under chapter 572B, Hawaii Revised Statutes, and are also parties to a reciprocal beneficiary relationship in this State, the reciprocal beneficiary relationship shall terminate and their valid legal union entered into in another jurisdiction shall be recognized as a civil union under section 572B-10, Hawaii Revised Statutes, on the voluntary termination of the reciprocal beneficiary relationship under section 572C-7, Hawaii Revised Statutes, but no later than one year after this Act becomes effective pursuant to article III, section 16 of the Hawaii State Constitution.

SECTION 36. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 37. This Act, upon its approval, shall take effect retroactive to January 1, 2012; provided that sections 2 and 34 of this Act and the second new section added to chapter 572B, Hawaii Revised Statutes, by section 3 of this Act shall be retroactive to October 3, 2011.

THE SENATE	S.B. NO.	2571
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII		H.D. 1