CHAPTER 584

UNIFORM PARENTAGE ACT

Section

    584-1 Parent and child relationship defined

    584-2 Relationship not dependent on marriage

    584-3 How parent and child relationship established

  584-3.5 Expedited process of paternity

    584-4 Presumption of paternity

    584-5 Reserved

    584-6 Determination of father and child relationship; who

          may bring action; when action may be brought;

          process, warrant, bond, etc.

  584-6.5 Temporary support order based on probable paternity

    584-7 Repealed

    584-8 Jurisdiction; venue

  584-8.5 Paternity determinations from other states and

          territories

    584-9 Parties; guardian ad litem for minor presumed or

          alleged father; county attorney or corporation

          counsel to represent custodial parent or agency;

          notice to parents

   584-10 Pretrial proceedings

   584-11 Genetic tests

   584-12 Evidence relating to paternity

   584-13 Pretrial recommendations

   584-14 Civil action

   584-15 Judgment or order

   584-16 Costs

   584-17 Enforcement of judgment or order

   584-18 Modification of judgment or order

   584-19 Right to counsel; free transcript on appeal

   584-20 Hearings and records; confidentiality

 584-20.5 Court filings; minutes of proceedings; posting

          requirement

   584-21 Action to declare mother and child relationship

   584-22 Promise to render support

   584-23 Birth records

 584-23.5 Paternity judgment, acknowledgment, support order;

          social security number

 584-23.6 Filing of acknowledgments and adjudications with

          department of health

   584-24 Custodial proceedings

   584-25 Uniformity of application and construction

   584-26 Short title

Case Notes

  By their plain language, §§584-1 and 584-3 do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made.  99 H. 1, 52 P.3d 255 (2002).

  The enactment of this chapter:  (1) does not displace the Hawaii supreme court's previous decision in Blackshear; (2) does not prevent a proper litigant in a paternity action from asserting defenses based upon res judicata and equitable estoppel; and, (3) a final judgment, including a divorce decree, can serve as the basis for such defenses.  99 H. 1, 52 P.3d 255 (2002).

  The term "may", as set forth in §560:2-114(a), is permissive, and, for purposes of intestate succession, a purported heir may establish his or her parent-child relationship with the decedent by any means permitted by statute, including, but not limited to, this chapter.  103 H. 275, 81 P.3d 1190 (2003).

  This chapter did not implicate father's fundamental privacy right to procreational autonomy, but rather father's economic interest in not supporting his child, and although father had standing to raise an equal protection challenge to this chapter, that standing was based on a non-suspect classification, i.e., the biological relationship of fathers to their children; thus, because this chapter bears a rational relation to the public welfare, the statute survives rational basis review and father's privacy and equal protection arguments failed.  109 H. 240, 125 P.3d 461 (2005).