§578-14  Record of adoption.  (a)  A certified copy of the decree of adoption, or a certified abstract thereof on a form approved by the department of health, after the decree has become effective, shall be sent to the department.  The department shall cause to be made a new record of the birth in the name of the individual, as fixed or changed by the decree, with the names of the adoptive parents and, upon request of both adoptive parents, or the sole adoptive parent if there is only one, that the name or names of either or both of the natural parents appear on the certificate, with the name of a natural parent who consents to be named on the certificate.

     (b)  If a new birth certificate is issued, the original birth certificate shall be sealed and filed with the decree or the abstract thereof, and the sealed package shall be opened only as provided in section 578-15(b).

     (c)  If the birth of the individual occurred outside of the State and a record of birth exists, the certified copy of the decree or the abstract thereof, shall be transmitted by the department of health to the birth registration authorities of the place of the individual's birth with a request that those authorities take appropriate action with respect to the record of the individual's birth.  If the birth of the individual occurred outside of the State, or if the birth of an individual born in the State has not been registered with the department of health, or if other good cause exists, the clerk of the court, upon request, and with the approval of the family court, upon the finding of the court that the action is for the best interests of the individual involved, shall furnish to the adoptive parents, or to the individual, or to any proper person acting in their behalf, a certified copy or abstract of the decree of adoption or a certificate of adoption in a form approved by the court.  If the parental rights of a parent or the parents of a minor child have been judicially terminated under chapter 571 prior to the entry of the decree, a certified copy of the decree shall be filed in the termination proceeding. [L 1945, c 40, pt of §2; am L 1947, c 47, §3; am L 1949, c 328, §1; am L 1953, c 115, pt of §1; RL 1955, §331-14; am L Sp 1959 2d, c 1, §19; HRS §578-14; am L 1973, c 211, §3(l); am L 1976, c 194, §1(8); am L 1980, c 153, §7; am L 1990, c 338, §4]

Cross References

  Records and documents, see §338-20.

Rules of Court

  New birth certificates, see HFCR rule 112.

Law Journals and Reviews

  Privacy v. Secrecy:  The Open Adoption Records Movement and Its Impact on Hawai`i.  15 UH L. Rev. 483 (1993).

Case Notes

  Agreement of adoption not recorded, of no validity.  7 H. 273 (1888).

  Provision for new record cited.  49 H. 273, 276, 283, 414 P.2d 925 (1966).

  Cited:  45 H. 69, 80, 361 P.2d 1054 (1961).