Hawaii Revised Statutes

Haw. Rev. Stat. § 578-1 (2026)

Who may adopt; jurisdiction; venue

✓ current as of July 2026

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§578-1 Who may adopt; jurisdiction; venue. Any unmarried adult person, person married to the legal birthing parent or non-birthing parent of a minor child, or married couple jointly may petition the family court of the circuit in which the person or persons reside or are in military service, 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 a form and shall include 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; am L 2023, c 160, §3 and c 161, §3]

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).

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1976–2026 · leading case: In re H.A., 422 P.3d 642 (Haw. App. 2017).

Sort: Relevance Newest Treatment

In re H.A., 422 P.3d 642 (Haw. App. 2017). · cites it 7× “HRS § 578-1 (Supp. 2016) primarily pertains to who may-petition to adopt an individual.”

Doe v. Doe, 34 P.3d 1059 (Haw. App. 2001). · cites it 2× “Hawaii Revised Statutes § 388-11(c) is to encourage the enforcement of law requiring employers to pay earned wages to employees as set forth in HRS §§ 388-1 through 388-13 (1993 & Supp.2000). We conclude the fee-shifting statute at issue in this case (HRS § 571-52.”

In Re the Adoption of a Male Minor Child, 619 P.2d 1092 (Haw. App. 1980). “When it held that her written consent was valid notwithstanding noncompliance with Hawaii Revised Statutes (HRS) § 578-1 and Hawaii Family Court Rules (HFCR), rule 103(f)(5).”

Pascual v. O'Shea, 421 F. Supp. 80 (D. Haw. 1976). “Respondents do not contend that petitioners were not residents of Maui at the time they petitioned for and were granted the decrees of adoption.”

Jk v. Hk (Haw. 2026). · cites it 4× “Contrary to the family court’s ruling, at the time of the child’s birth, HRS § 578-1 (2018) provided that “[a]ny proper adult person, not married .”

In re: AK & SK, 151 Haw. 15 (Haw. App. 2022). · cites it 3× “In its April 6, 2021 Order on Appellants' petition, the Family Court found that: (1) the Children are adoptable under HRS §§ 578-1 and 578-2; (2) the Children are physically, mentally and otherwise suitable for adoption by MR and DR; (3) MR and DR are fit and proper persons and…”

In the Matter of the Adoption of a Female Child Born on October 3, 2004 by Pn, 216 P.3d 1271 (Haw. App. 2009). · cites it 5× “The ICWA provides, in relevant part, that [i]n any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or…”

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