Assisted Reproductive Technology Law Services

We Offer Multiple Legal Services for Families

Assisted Reproductive Technology-related legal services are highly fact-specific. The correct approach depends on where the child is born, where the intended parent(s) live, what court orders already exist, whether a birth certificate has already been issued, and whether the family needs documents for travel, insurance, immigration, or recognition in another jurisdiction.

Families formed through assisted reproductive technology often need legal support beyond the primary agreement or parentage case. In addition to Gestational Carrier Agreements, gamete donor agreements, and Hawaii parentage proceedings, Fertility Connections Hawaii assists with other ART-related legal services designed to support hospital planning, birth certificate issues, medical decision-making, travel, and post-birth logistics.

At Fertility Connections Hawaii, we help families identify the legal documents needed to support their assisted reproduction journey, including birth certificate amendments, Healthcare Powers of Attorney, parentage orders, donor agreements, and surrogacy-related documentation. Careful legal planning can help reduce uncertainty, avoid delays, and ensure that the child’s legal documents accurately reflect the family being created.

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Birth Certificate Corrections and Amendments

A birth certificate is one of the most important legal documents a child will have. It is used for identification, medical insurance, school enrollment, passport applications, travel, and many other purposes. For children born in Hawaii through assisted reproduction or surrogacy, it is important that the birth certificate accurately reflect the child’s legal parent or parents.

Sometimes, a child is born in Hawaii, but the order establishing legal parentage is entered by a court in another state. In that situation, the family may need assistance submitting the out-of-state parentage order to the Hawaii Department of Health and requesting that the Hawaii birth certificate be amended or corrected to match the legal parentage order. Hawaii Vital Records explains that an original entry on a birth, death, or marriage certificate may be amended by private request or by order of a court of competent jurisdiction. Source: Hawaii Department of Health, Vital Records Amendments, Vital Records Here..

This process is sometimes referred to as a birth certificate correction, birth certificate amendment, or amended certificate of birth. The specific procedure depends on the facts of the case, the existing birth record, the language of the out-of-state order, and the Hawaii Department of Health’s requirements.

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Healthcare Power of Attorney

Fertility Connections Hawaii also assists with Healthcare Powers of Attorney in surrogacy and assisted reproduction matters. In the surrogacy context, a Healthcare Power of Attorney may authorize the intended parent(s) to make medical decisions for the child after birth.

A Healthcare Power of Attorney may be helpful even when intended parent(s) have obtained a parentage order, particularly if the delivery hospital is unfamiliar with assisted reproduction parentage orders or needs additional documentation for newborn care. It can help clarify who may communicate with medical providers and make healthcare decisions for the child during the hospital stay.

A Healthcare Power of Attorney does not replace a parentage order and does not create legal parentage by itself. Instead, it can serve as a practical supplemental document, especially when there are timing issues, hospital uncertainty, out-of-state intended parent(s), international intended parent(s), or immediate post-birth medical decisions.

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