CHAPTER 584

UNIFORM PARENTAGE ACT

 

Section

584-1 Parent and child relationship defined

584-2 Relationship not dependent on marriage

584-3 How parent and child relationship established

584-3.5 Expedited process of paternity

584-4 Presumption of paternity

584-5 Reserved

584-6 Determination of father and child relationship; who

may bring action; when action may be brought;

process, warrant, bond, etc.

584-6.5 Temporary support order based on probable paternity

584-7 Repealed

584-8 Jurisdiction; venue

584-8.5 Paternity determinations from other states and

territories

584-9 Parties; guardian ad litem for minor presumed or

alleged father; county attorney or corporation

counsel to represent custodial parent or agency;

notice to parents

584-10 Pretrial proceedings

584-11 Genetic tests

584-12 Evidence relating to paternity

584-13 Pretrial recommendations

584-14 Civil action

584-15 Judgment or order

584-16 Costs

584-17 Enforcement of judgment or order

584-18 Modification of judgment or order

584-19 Right to counsel; free transcript on appeal

584-20 Hearings and records; confidentiality

584-21 Action to declare mother and child relationship

584-22 Promise to render support

584-23 Birth records

584-23.5 Paternity judgment, acknowledgment, support order;

social security number

584-23.6 Filing of acknowledgments and adjudications with

department of health

584-24 Custodial proceedings

584-25 Uniformity of application and construction

584-26 Short title

 

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.

This chapter did not implicate father's fundamental privacy right to procreational autonomy, but rather father's economic interest in not supporting his child, and although father had standing to raise an equal protection challenge to this chapter, that standing was based on a non-suspect classification, i.e., the biological relationship of fathers to their children; thus, because this chapter bears a rational relation to the public welfare, the statute survives rational basis review and father's privacy and equal protection arguments failed. 109 H. 240, 125 P.3d 461.

 

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