§578-1  Who may adopt; jurisdiction; venue.  Any proper adult person, not married, or any person married to the legal father or mother of a minor child, or a husband and wife 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. [RL 1945, pt of §12271; am L 1947, c 47, §1; am L 1953, c 115, pt of §1; RL 1955, §331-1; am imp L 1965, c 232, §1; HRS §578-1; am L 1969, c 183, §2; am L 1973, c 211, §3(a); am L 1976, c 194, §1(1); am L 1992, c 190, §3; am L 2010, c 135, §4]


Rules of Court


  Pleadings, see HFCR rule 103.


Case Notes


  Family court had jurisdiction over adoption of children residing in Philippines since petitioners were Hawaii residents.  421 F. Supp. 80 (1976).

  In the absence of an adoption in writing parents are presumed not to have parted with the right of custody over their child.  6 H. 386 (1883).

  Until legally adopted parent not precluded by surrender of child from asserting parental rights.  31 H. 328 (1930).

  Child not "surrendered" by one parent when custody awarded by divorce decree to other parent, consent of such parent must be obtained for adoption of child.  32 H. 443 (1932).

  Child not "abandoned" by mother who lives apart from husband.  32 H. 479 (1932).

  "Abandoned" defined.  37 H. 532 (1947).

  Adoption proceedings are wholly statutory.  45 H. 69, 361 P.2d 1054 (1961).

  Cited:  42 H. 129, 137  (1957); 42 H. 640, 655 (1958).