§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
587-73, 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]



 



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.



  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.



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



  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.



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



  "Abandoned" defined.  37 H. 532.



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



  Cited:  42 H. 129, 137; 42 H. 640, 655.



 



Law Journals and Reviews



 



The "Hawaiianness" of Same-Sex Adoption.  30 UH
L. Rev. 517.