Hawaii Revised Statutes

Haw. Rev. Stat. § 338-21 (2026)

Children born to parents not married

✓ current as of July 2026

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§338-21 Children born to parents not married to each other. (a) All children born to parents not married to each other, irrespective of the marriage of either natural parent to another, on:

(1) The marriage of the natural parents with each other;

(2) The voluntary, written acknowledgments of parentage under oath signed by the birthing parent and alleged genetic parent, presumed parent, or intended parent under part VIII of chapter 584A; or

(3) Establishment of the parent-child relationship under chapter 584A,

are entitled to the same rights as those born to parents married to each other and shall take the name so stipulated by their parents or, if the parents do not agree on the name, shall take the name specified by a court of competent jurisdiction to be the name that is in the best interests of the child. The original certificate of birth shall contain the name so stipulated. The child or children or the parents thereof may petition the department of health to issue a new original certificate of birth, and not a duplicate of the original certificate that has been amended, altered, or modified, in the new name of the child, and the department shall issue the new original certificate of birth. As used in this section, "name" includes the first name, middle name, or last name.

(b) The evidence upon which the new original certificate is made, and the superseded original certificate shall be sealed and filed and may be opened only upon order of a court of record.

(c) If the child's natural parents marry each other and desire to change the child's name, the child's name may be changed and a new original certificate of birth prepared.

(d) Nothing in this section shall be construed to limit the power of the courts to order the department of health to prepare new certificates of birth under section 584A-510. [L 1949, c 327, §25; RL 1955, §57-24; am L Sp 1959 2d, c 1, §19; am L 1967, c 6, §2; HRS §338-21; am L 1975, c 66, §2(4); am L 1980, c 153, §5; am L 1983, c 65, §2; am L 1986, c 287, §1; am L 1987, c 100, §2; am L 1988, c 141, §27; am L 1993, c 131, §3; am L 2025, c 298, §6]

Attorney General Opinions

Department of health's preparation of a new birth certificate pursuant to paternity orders. Att. Gen. Op. 87-6.

Case Notes

Legitimacy or illegitimacy fixed at birth and cannot be changed by subsequent legislation. 3 H. 459 (1871); 4 H. 548 (1882). Prior to amendment of Act 71, L 1907, children of adulterous intercourse not legitimated by subsequent marriage of parents. 4 H. 292 (1880); 17 H. 45 (1905), 17 H. 415 (1906), aff'd 210 U.S. 149 (1908).

Child begotten and born out of wedlock even though legitimated by statute on marriage of parents, is not "lawfully begotten child" within meaning of will. 14 H. 271 (1902).

Legitimation by subsequent marriage. 29 H. 258 (1926), aff'd 16 F.2d 273 (1926).

Presumption of legitimacy is not conclusive, but rebuttable. 30 H. 574 (1928). Evidence to rebut presumption. 49 H. 273, 414 P.2d 925 (1966).

Effect of legitimation on necessity of father's consent to adoption of child. 52 H. 395, 477 P.2d 780 (1970).

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1970–2026 · leading case: Child Support Enf't Agency v. Doe, 963 P.2d 1135 (Haw. App. 1998).

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Child Support Enf't Agency v. Doe, 963 P.2d 1135 (Haw. App. 1998). · cites it 18× “See also HRS § 338-21 (1985) (referring to children “born out of wedlock, irrespective of the marriage of either parent to another ”) (emphasis added).”

LC v. MG & Child Support Enf't Agency, 430 P.3d 400 (Haw. 2018). “The department of health shall prepare a new certificate of birth for the child in accordance with section 338-21. The voluntary acknowledgment of paternity by the presumed father filed with the department of health pursuant to this paragraph shall be the basis for establishing…”

Jech v. Burch, 466 F. Supp. 714 (D. Haw. 1979). “All children legitimated, as provided in section 338-21, shall have either their father’s name or their mother’s name as a family name.”

In the Interest of A Female Minor Child, 477 P.2d 780 (Haw. 1970). · cites it 16× “” Relevant to HRS § 578-2 is HRS § 338-21, which provides: “All children born out of wedlock * * * become legitimate on the marriage of the parents with each other and are entitled to the same rights as those born in wedlock * * * ” *400 Although HRS § 338-21 is presently a part…”

Jk v. Hk (Haw. 2026). · cites it 2× “The department of health shall prepare a new certificate of birth for the child in accordance with section 338-21. The voluntary acknowledgment of paternity by the presumed father filed with the department of health pursuant to this paragraph shall be the basis for establishing…”

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