Ā§338-21Ā  Children born to parents not
married to each other.Ā  (a)Ā  All children born to
parents not married to each other, irrespective of the marriage of either
natural parent to another, (1) on the marriage of the natural parents with each
other, (2) on the voluntary, written acknowledgements of paternity under oath
signed by the natural father and the natural mother, or (3) on establishment of
the parent and child relationship under chapter 584, 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.Ā  The original certificate of
birth shall contain the name so stipulated.Ā  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.Ā  As used in this
section ā€œnameā€ includes the first name, middle name, or last name.



(b)Ā  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certificate is made, and the superseded original certificate shall be sealed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)Ā  If the childā€™s natural parents marry each
other and desire to change the childā€™s name, the childā€™s name may be changed
and a new original certificate of birth prepared.



(d)Ā  Nothing in this section shall be construed
to limit the power of the courts to order the department to prepare new
certificates 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 certificate
pursuant to paternity orders.Ā  Att. Gen. Op. 87-6.



 



Case Notes



 



Ā  Legitimacy or illegitimacy fixed at birth and cannot be
changed by subsequent legislation.Ā  3 H. 459; 4 H. 548.Ā  Prior to amendment of
Act 71, L 1907, children of adulterous intercourse not legitimated by
subsequent 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 though
legitimated by statute on marriage of parents, is not "lawfully begotten
child" 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 to
adoption of child.Ā  52 H. 395, 477 P.2d 780.