Ā§338-21Ā  Children born to parents notmarried to each other.Ā  (a)Ā  All children born toparents not married to each other, irrespective of the marriage of eithernatural parent to another, (1) on the marriage of the natural parents with eachother, (2) on the voluntary, written acknowledgements of paternity under oathsigned by the natural father and the natural mother, or (3) on establishment ofthe parent and child relationship under chapter 584, are entitled to the samerights as those born to parents married to each other and shall take the nameso 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 thename that is in the best interests of the child.Ā  The original certificate ofbirth shall contain the name so stipulated.Ā  The child or children or theparents thereof may petition the department of health to issue a new originalcertificate of birth, and not a duplicate of the original certificate that hasbeen amended, altered, or modified, in the new name of the child, and thedepartment shall issue the new original certificate of birth.Ā  As used in thissection ā€œnameā€ includes the first name, middle name, or last name.

(b)Ā  The evidence upon which the new originalcertificate is made, and the superseded original certificate shall be sealedand filed and may be opened only upon order of a court of record.

(c)Ā  If the childā€™s natural parents marry eachother and desire to change the childā€™s name, the childā€™s name may be changedand a new original certificate of birth prepared.

(d)Ā  Nothing in this section shall be construedto limit the power of the courts to order the department to prepare newcertificates of birth under section 584-23. [L 1949, c 327, Ā§25; RL 1955,Ā§57-24; am L Sp 1959 2d, c 1, Ā§19; am L 1967, c 6, Ā§2; HRS Ā§338-21; am L 1975,c 66, Ā§2(4); am L 1980, c 153, Ā§5; am L 1983, c 65, Ā§2; am L 1986, c 287, Ā§1;am L 1987, c 100, Ā§2; am L 1988, c 141, Ā§27; am L 1993, c 131, Ā§3]

 

Attorney General Opinions

 

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

 

Case Notes

 

Ā  Legitimacy or illegitimacy fixed at birth and cannot bechanged by subsequent legislation.Ā  3 H. 459; 4 H. 548.Ā  Prior to amendment ofAct 71, L 1907, children of adulterous intercourse not legitimated bysubsequent marriage of parents.Ā  4 H. 292; 17 H. 45, 415, aff'd 210 U.S. 149.Ā Legitimation by subsequent marriage.Ā  29 H. 258, aff'd 16 F.2d 273.

Ā  Child begotten and born out of wedlock even thoughlegitimated by statute on marriage of parents, is not "lawfully begottenchild" within meaning of will.Ā  14 H. 271.

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

Ā  Effect of legitimation on necessity of father's consent toadoption of child.Ā  52 H. 395, 477 P.2d 780.