Paternity Testing Information for the
Hawaii (HI)
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The Hawaii Statute
(a) A man is presumed to be the natural father of a child if:
(1) He and the child's natural mother are or have been married
to each other and the child is born during the marriage, or within
three hundred days after the marriage is terminated by death,
annulment, declaration of invalidity, or divorce, or after a
decree of separation is entered by a court;
(2) Before the child's birth, he and the child's natural mother
have attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the attempted marriage is
or could be declared invalid, and:
(A) If the attempted marriage could be declared invalid only by
a court, the child is born during the attempted marriage, or
within three hundred days after its termination by death,
annulment, declaration of invalidity, or divorce; or
(B) If the attempted marriage is invalid without a court order,
the child is born within three hundred days after the termination
of cohabitation;
(3) After the child's birth, he and the child's natural mother
have married, or attempted to marry, each other by a marriage
solemnized in apparent compliance with law, although the attempted
marriage is or could be declared invalid, and:
(A) He has acknowledged his paternity of the child in writing
filed with the department of health;
(B) With his consent, he is named as the child's father on the
child's birth certificate; or
(C) He is obligated to support the child under a written
voluntary promise or by court order;
(4) While the child is under the age of majority, he receives
the child into his home and openly holds out the child as his
natural child;
(5) Pursuant to section 584-11, he submits to court ordered
genetic testing and the results, as stated in a report prepared by
the testing laboratory, do not exclude the possibility of his
paternity of the child; provided the testing used has a power of
exclusion greater than 99.0 per cent and a minimum combined
paternity index of five hundred to one; or
(6) A voluntary, written acknowledgment of paternity of the
child signed by him under oath is filed with the department of
health. 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 and enforcing a support obligation
through a judicial proceeding.
(b) A presumption under this section may be rebutted in an
appropriate action only by clear and convincing evidence. If two
or more presumptions arise which conflict with each other, the
presumption which on the facts is founded on the weightier
considerations of policy and logic controls. The presumption is
rebutted by a court decree establishing paternity of the child by
another man.
This information is provided for reference only
