STAND. COM. REP. NO. 579

Honolulu, Hawaii

, 2021

RE: H.B. No. 1096

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1096 entitled:

"A BILL FOR AN ACT RELATING TO PARENTAGE,"

begs leave to report as follows:

The purpose of this measure is to amend the Uniform Parentage Act to:

(1) Allow non-gestational partners of any gender identity to voluntarily establish parentage of a child during the period immediately before or following the child's birth;

(2) Amend the definition of "facility" under the expedited process of parentage law to include homes; and

(3) Require the State to recognize parentage determinations from other states and territories.

Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Planned Parenthood Votes Northwest and Hawaii, AF3IRM Hawaii, LGBT Caucus of the Democratic Party of Hawaii, Trans Hawaii Project, Healthy Mothers Healthy Babies, Hawaii Women's Coalition, and numerous individuals. Your Committee received comments on this measure from the Department of the Attorney General, Department of Health, and one individual.

Your Committee finds that existing parentage laws reflect outdated, cisheteronormative concepts of families, parenthood, and parental rights. Your Committee further finds that updating the Uniform Parentage Act to include non-gender-traditional couples and families will require several amendments to other laws, including family, benefit programs, and vital records laws. At this time, your Committee believes that the best course of action is to convene a task force to recommend updates to existing parentage laws.

Your Committee has amended this measure by:

(1) Deleting its substantive contents;

(2) Inserting language to require the Department of Health to convene a task force to recommend amendments to the Hawaii Revised Statutes to update existing parentage laws that reflect outdated, cisheteronormative concepts of families, parenthood, and parental rights; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1096, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1096, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair