** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
Electronically Filed Supreme Court SCAP-XX-XXXXXXX 18-MAY-2026 10:37 AM Dkt. 22 OP
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
---o0o--- ________________________________________________________________
JK, Appellant,
vs.
HK; NS; and CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAIʻI, Appellees. ________________________________________________________________
SCAP-XX-XXXXXXX
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (CASE NO. 1FPA-XX-XXXXXXX)
May 18, 2026
DEVENS, C.J., McKENNA, EDDINS, AND GINOZA, JJ., AND CIRCUIT JUDGE MALINAO, ASSIGNED BY REASON OF VACANCY
OPINION OF THE COURT BY McKENNA, J.
I. Introduction
This transfer case arises from a May 20, 2024 amended
parentage petition, in which the Family Court of the First
Circuit (“family court”) 1 concluded in its November 20, 2024
1 The Honorable Jessi L.K. Hall presided.
1 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
findings of fact (“FOFs”) and conclusions of law (“COLs”) that
an unmarried woman without a biological connection to the child
could not be a legal parent as a matter of law.
JK (pseudonym “Ava”) and HK (pseudonym “Bailey”), both
women, were in a long-term relationship and had a child together
(pseudonym “Kai”). After Ava and Bailey separated, Bailey began
restricting Ava’s visitation with Kai. Ava then filed this
petition to establish legal parentage over Kai based on Hawai‘i
Revised Statutes (“HRS”) § 584-4(a)(4) (2018), (the “holding out
presumption”) of paternity:
HRS § 584-4 Presumption of paternity. (a) A man is presumed to be the natural father of a child if:
. . . .
(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[.]
Although, on its face, HRS § 584-4(a) applies only to a
male parent, in LC v. MG & Child Support Enf’t Agency, 143
Hawai‘i 302, 430 P.3d 400 (2018), this court discussed the
interplay between the paternity presumptions of HRS § 584-4
(2018) and the gender neutrality provision of HRS § 584-21
(2018). 143 Hawaiʻi at 312, 430 P.3d at 410. This court noted
that despite the gender-specific language of HRS § 584-4, HRS §
584-21 requires that in actions “‘to determine the existence or
nonexistence of a mother and child relationship[, i]nsofar as
practicable, the provisions of the [Uniform Parentage Act
2 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
(“UPA”), HRS Chapter 584] applicable to the father and child
relationship shall apply.’” Id. (cleaned up). Hence, this
court held that “despite the gender-specific language [of the
paternity presumptions] in HRS § 584-4(a), the presumptions of
paternity equally apply in determining the existence or
nonexistence of a mother-child relationship.” Id.
The family court concluded LC did not apply here because LC
involved the application of gender-neutral language required by
the Marriage Equality Act (“MEA”) 2 -- but Ava and Bailey had
never been married and thus the MEA did not apply. Although the
family court found that Ava had held herself out as Kai’s
parent, it concluded that, as a matter of law, Ava could not
establish parentage through the holding out presumption.
We hold that the language and intent of the 1973 UPA, which
governed at the time of the family court’s ruling, 3 allowed a
mother and child relationship to be established through the same
methods applicable to the father and child relationship “insofar
2 The MEA, HRS § 572-1.8 (2018), provides as follows:
Interpretation of terminology to be gender-neutral. When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as “husband”, “wife”, “widow”, “widower”, or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law.
3 The 1973 version of the UPA has been repealed by the 2017 version of the UPA in the new HRS Chapter 584A, effective January 1, 2026. See S.B. 1231, 33rd Leg., Reg. Sess. (2025).
3 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
as practicable.” Just as it was practicable in LC to apply the
marital presumption, it is practicable in Ava’s situation to
apply the holding out presumption. As the family court found
that Ava brought Kai into her home and held Kai out as her own,
she is presumed to be Kai’s parent; furthermore, this
presumption of parentage was not rebutted by clear and
convincing evidence.
Hence, the family court erred by concluding Ava could not
establish parentage as a matter of law. Accordingly, we vacate
in part the family court’s FOFs and COLs and remand to the
family court for proceedings consistent with this opinion,
establishing legal parentage for Ava and addressing Ava’s
custody and visitation requests.
II. Background
A. Factual background
Bailey and Ava, both women, were in a romantic relationship
for more than twelve years. In 2021, they began planning to
start a family, with Bailey agreeing to carry the child. They
asked Ava’s cousin (pseudonym “Connor”), to be their sperm
donor, so that the child would be biologically connected to Ava.
Connor understood that both Bailey and Ava would be the child’s
parents and that he was not to be a parent.
On December 13, 2022, Kai was born. Ava was present with
Bailey at Kai’s birth and was the first person to hold Kai.
4 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
Bailey and Ava chose Kai’s name together, including a hyphenated
last name containing both of their surnames. Ava was not listed
on Kai’s birth certificate and never formally adopted Kai. 4
After Kai’s birth, Ava, Bailey, and Kai lived together “as
a family” in a townhome on O‘ahu. Bailey was a stay-at-home
mother and Ava worked to support the family. They taught Kai to
call Ava “Dada.” During this time, Bailey and Ava shared
parenting responsibilities, such as changing diapers, waking up
for nighttime feedings, and “doing tummy time.” Ava was also
listed as Kai’s second parent with the pediatrician, was
authorized to take Kai to medical appointments, and participated
in decisions regarding Kai’s medical care.
In October 2023, Bailey and Ava separated. After their
separation, Bailey moved to Hawaiʻi Island with Kai. Despite
Kai’s relocation, Ava and Kai continued to bond; Ava would visit
Kai on Hawai‘i Island and Bailey would also bring Kai to Oʻahu to
see Ava, including for holidays.
In February 2024, Ava was diagnosed with a serious illness.
The next month, Ava stopped working in order to undergo
4 This issue is not raised on appeal, but the family court also erroneously ruled that Ava could not adopt the child as a second parent unless Ava and Bailey were married. Contrary to the family court’s ruling, at the time of the child’s birth, HRS § 578-1 (2018) provided that “[a]ny proper adult person, not married . . . may petition the family court . . . for leave to adopt an individual toward whom the person or persons do not sustain the legal relationship of parent and child[.]” Pursuant to this provision, unmarried adults had been allowed to become a parent to a child who already had another parent.
5 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
treatment and moved into her mother’s O‘ahu home. In April 2024,
Bailey and Kai also briefly lived with Ava and her mother.
Shortly thereafter, Bailey moved into another home with her new
partner, taking Kai with her. Bailey then began restricting
Ava’s time with Kai, telling Ava that being Kai’s “Dada” was “a
privilege.”
B. Family court proceedings
1. Petition & preliminary proceedings
On May 20, 2024, Ava filed an amended petition in family
court, seeking to establish her legal parentage of Kai and
requesting joint legal and physical custody. Alternatively, she
sought rights as a de facto parent. 5
The family court declined to establish Ava’s legal
parentage. It opined that Ava could not take advantage of the
holding out presumption. But the family court also determined
Ava qualified as a de facto parent and granted her temporary
visitation with Kai.
Bailey, however, did not follow the temporary visitation
schedule or facilitate video calls between Ava and Kai as
ordered by the family court. Instead, in July or August 2024,
Bailey moved to Indiana with Kai without obtaining the family
5 See A.A. v. B.B., 139 Hawaiʻi 102, 384 P.3d 878 (2016), which applied the “de facto custody” provision of HRS § 571-46(a)(2). See also, Doe v. Doe, 116 Hawaiʻi 323, 331, 172 P.3d 1067, 1075 (2007), which mentions the common law “de facto parent” doctrine.
6 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
court’s permission or informing Ava. Ava contacted the Honolulu
Police Department (“HPD”) to enforce the temporary visitation
order, but HPD refused to assist because Ava did not have
parental rights.
On August 12, 2024, Ava filed a motion for the immediate
return of Kai to Hawai‘i, to enforce the court’s visitation
orders, and for sanctions. Bailey did not appear at the August
29, 2024 hearing on Ava’s motion and the parentage petition, and
the family court entered default against Bailey. The family
court then heard testimony from Ava, Ava’s mother, and Connor.
But it reiterated its ruling that Ava could not be deemed a
legal parent of Kai.
2. Findings of fact and conclusions of law
On November 20, 2024, the family court issued its FOFs and
COLs. 6 Relevant here, the family court concluded that under HRS
Chapter 584, the 1973 version of the UPA in effect at the time,
a parent and child relationship can only be established between
a child and a woman if: (1) the woman is the child’s natural
6 The FOFs/COLs were filed after Ava appealed pursuant to Hawaiʻi Family Court Rule 52(a) (eff. 2022), which provides:
In all actions tried in the family court, the court may find the facts and state its conclusions of law thereon or may announce or write and file its decision and direct the entry of the appropriate judgment; except upon notice of appeal filed with the court, the court shall enter its findings of fact and conclusions of law where none have been entered, unless the written decision of the court contains findings of fact and conclusions of law.
7 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
mother under HRS § 584-1; or (2) the woman was married to the
child’s natural mother at the time of the child’s birth.
Regarding (2), the family court sought to distinguish LC,
143 Hawaiʻi 302, 430 P.3d 400. It concluded LC did not apply
because that opinion involved the application of gender-neutral
language as required by the MEA, and Ava and Bailey had never
married. Although the family court also found that Ava held
herself out as Kai’s parent, it still concluded Ava could not be
Kai’s legal parent.
Based on its determination that Bailey was Kai’s only legal
parent, the family court concluded it was in Kai’s best interest
to primarily reside with Bailey in Indiana and denied Ava’s
request for an order requiring Bailey to move the child back to
Hawai‘i.
C. Appellate proceedings
On appeal, Ava asserts the family court erred when it
concluded she could not establish legal parentage under the 1973
UPA. Relevant here, Ava argues that the plain language of the
1973 UPA requires parentage presumptions to be read in a gender-
neutral manner and, as the family court found she held the child
out as her own, she is a presumptive parent, which has not been
rebutted.
We granted Ava’s request to transfer the appeal and ordered
the Child Support Enforcement Agency (“CSEA”), a nominal
8 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
appellee, to file an answering brief. See Hawaiʻi Rules of
Appellate Procedure (“HRAP”) Rule 28(c) (eff. 2022) (“An
appellate court may require an answering brief” from a nominal
appellee if an answering brief “is deemed useful to [the
appellate court’s] consideration.”).
CSEA agrees with Ava’s position that the holding out
presumption of parentage under the 1973 UPA must be read in a
gender-neutral manner.
III. Standards of Review
A. Statutory interpretation
“The interpretation of a statute is a question of law
reviewable de novo.” In re Doe, 95 Hawai‘i 183, 190, 20 P.3d
616, 623 (2001) (citations and ellipses omitted). We are guided
by the following principles:
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
Id. at 191, 20 P.3d at 624 (cleaned up).
It is a cardinal rule of statutory construction that courts are bound, if rational and practicable, to give effect to all parts of a statute, and that no clause, sentence, or word shall be construed as superfluous, void, or insignificant if a construction can be legitimately found which will give force to and preserve all the words of the statute.
Cnty. of Kaua‘i v. Hanalei River Holdings, Ltd., 139 Hawai‘i 511,
526, 394 P.3d 741, 756 (2017) (cleaned up).
9 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
B. Findings of fact and conclusions of law
The family court’s FOFs are reviewed under the “clearly
erroneous” standard. Fisher v. Fisher, 111 Hawai‘i 41, 46, 137
P.3d 355, 360 (2006).
A FOF is clearly erroneous when (1) the record lacks substantial evidence to support the finding, or (2) despite substantial evidence in support of the finding, the appellate court is nonetheless left with a definite and firm conviction that a mistake has been made. “Substantial evidence” is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion. Id.
“The family court’s COLs are reviewed on appeal de novo,
under the right/wrong standard.” Id. (cleaned up).
IV. Discussion
We agree with Ava that the family court erred when it ruled
she could not be the child’s parent as a matter of law because
she is a woman who is neither married to Bailey nor is Kai’s
biological mother. Instead, we hold that based on the family
court’s findings, Ava is a presumptive parent under the 1973
UPA’s holding out presumption, and that this presumption has not
been rebutted by clear and convincing evidence.
A. The holding out presumption applies
The 1973 UPA provided that the parent and child
relationship between a child and “[t]he natural mother may be
established by proof of her having given birth to the child, or
under this chapter[.]” HRS § 584-3(1) (2018) (emphasis added).
10 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
This court addressed the application of paternity
presumptions under HRS § 584-4(a) to same-gender couples in LC,
143 Hawai‘i 302, 430 P.3d 400. There, this court held the
marital presumption of HRS § 584-4(a)(1), which presumes that a
man is the “natural” father of a child when he and the child’s
mother are married to each other and the child is born during
the marriage, also applies to same-gender married couples. 143
Hawai‘i at 311-12, 430 P.3d at 409-10. But our analysis was not
limited to same-gender married couples, as misconstrued by the
family court.
In LC, this court noted HRS § 584-21 provides that in
actions “to determine the existence or nonexistence of a mother
and child relationship, insofar as practicable, the provisions
of the [UPA, HRS Chapter 584] applicable to the father and child
relationship shall apply.” 143 Hawai‘i at 312, 430 P.3d at 410
(cleaned up). Reading HRS §§ 584-4 and -21 together, this court
concluded that “despite the gender-specific language in HRS §
584-4(a), the presumptions of paternity equally apply in
determining the existence or nonexistence of a mother-child
relationship.” Id.
This case concerns the holding out presumption of HRS §
584-4(a)(4): “A man is presumed to be the natural father of a
child if[] . . . [w]hile the child is under the age of majority,
he receives the child into his home and openly holds out the
11 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
child as his natural child[.]” The family court concluded LC
did not apply because LC involved the application of gender-
neutral language required by the MEA, Ava and Bailey had never
been married, and thus the MEA did not apply. Although the
family court found that Ava brought Kai into her home and held
herself out as Kai’s parent, it concluded Ava’s parentage could
not be established through the holding out presumption as a
matter of law.
Despite the family court’s attempt to distinguish LC, that
case actually governs. LC’s holding was not contingent on the
MEA. This court did first note that “both the UPA and the MEA
demonstrate that the UPA’s marital presumption of paternity
applies equally to both men and women.” 143 Hawai‘i at 304, 430
P.3d at 402. But this court also noted the family court had not
even relied on the MEA. 143 Hawai‘i at 308 n.7, 430 P.3d at 406
n.7. Rather, with respect to the UPA, this court applied the
gender neutrality requirement of HRS § 584-21 to one of the
paternity presumptions of HRS § 584-4(a) –- the marital
presumption. 143 Hawai‘i at 312, 430 P.3d at 410. This court
then held that “the family court did not err in concluding that
the UPA’s marital presumption of parentage applie[d].” 143
Hawai‘i at 320, 430 P.3d at 418 (emphasis added). Thus, in LC,
the gender neutrality requirements of the UPA, not the MEA, were
dispositive.
12 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
Further, in LC, this court noted that “legal parentage may
arise even if there is no biological connection to the child.”
143 Hawai‘i at 311, 430 P.3d at 409. HRS § 584-4(a) sets out six
different ways in which a person is presumed to be the legal
parent of a child. Three of these, HRS § 584-4(a)(4)-(6),
including the holding out presumption, are not dependent on
marital status. 7 Of these six different methods, only one, HRS §
7 HRS § 584-4(a) states “[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; (. . . continued)
13 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
584-4(a)(5), relies on genetics. Thus, the 1973 UPA clearly
allowed for legal parentage to be established even if the
individual seeking parentage has no biological connection with
the child. See Inoue v. Inoue, 118 Hawai‘i 86, 94, 185 P.3d 834,
842 (App. 2008) (holding plaintiff was child’s legal father
where he was not the biological father, but had established he
was the presumptive parent under HRS § 584-4(a)(3) and (4)).
Parentage can be established without a biological connection
because the overarching purpose behind the 1973 UPA was to
protect nonmarital children. See H. Stand. Comm. Rep. No. 190,
in 1975 House Journal, at 1019.
Moreover, other states construing their versions of the
1973 UPA have also ruled that a non-biological or non-birth
parent in a same-gender relationship can be recognized as a
(continued . . .) (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.
Also, HRS § 584-2 (2018) provides that “[a]ny parent and child relationship established under this chapter extends to every such child and to every such parent, regardless of the marital status of the parents.”
14 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
legal parent under the holding out presumption. 8 Multiple states
have also held that if their legislature intended to restrict
parentage presumptions for “natural” mothers to birth or
biological mothers, they would have done so. 9
Recent Hawaiʻi legislative history reaffirms similar
legislative intent. In 2025, while this case was pending on
appeal, the Hawai‘i legislature adopted the 2017 version of the
UPA effective January 1, 2026. See S.B. 1231, 33rd Leg., Reg.
Sess. (2025). One of the primary goals was to “ensure[] the
8 See, e.g., Elisa B. v. Superior Court, 33 Cal.Rptr.3d 46, 53-58 (Cal. 2005) (ruling that the UPA’s holding out provision applicable to determining a father and child relationship shall be used to determine a mother and child relationship); Chatterjee v. King, 280 P.3d 283, 287-89 (N.M. 2012) (ruling that the plain language of the 1973 UPA instructed them to recognize that the provisions relating to the father and child relationship also applies to the mother and child relationship); In re Parental Responsibilities of A.R.L., 318 P.3d 581, 586-88 (Colo. App. 2013) (ruling that the holding out presumption applies with equal force to women in a same-gender relationship seeking to demonstrate presumptive mother status); In re Guardianship of Madelyn B., 98 A.3d 494, 500-01 (N.H. 2014) (ruling “‘paternity presumptions are driven, not by biological paternity, but by the state’s interest in the welfare of the child and the integrity of the family. The familial relationship between a nonbiological [parent] . . . resulting from years of living together in a purported parent/child relationship, is considerably more palpable than the biological relationship of actual paternity and should not be lightly dissolved.’” (internal citation omitted)); Partanen v. Gallagher, 59 N.E.3d 1133, 1139-43 (Mass. 2016) (ruling that the holding out presumption was gender-neutral, pointing favorably to other sister state court rulings that held presumed parentage was equally available to all individuals even in the absence of a biological relationship).
9 See, e.g, Chatterjee, 280 P.3d at 293 (holding “[t]he Legislature did not limit the analysis to the simple question of whether the woman is the ‘birth mother.’ Had the Legislature intended to do so, [the UPA] would read only ‘the natural mother may be established by proof of her having given birth to the child.’”); A.R.L., 318 P.3d at 586 (holding “the plain language of the UPA is gender-neutral and specifically allows the term ‘father’ and ‘mother’ to be used interchangeably, where practicable. Had the legislature intended to limit parentage to one female and one male, it could have done so. It did not. We will not engraft such a limitation into the statute.” (internal citations omitted)).
15 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
equal treatment of children born to same-gender couples[.]”
S.B. 1231, at 1. The new UPA reiterates gender-neutral parental
presumptions to ensure equal treatment of the children of same-
gender couples. See Courtney G. Joslin, Preface to the UPA
(2017), 52 Fam. L.Q. 437 (2018).
Despite adopting gender-specific language, the legislature
had passed the 1973 UPA in 1975 to “provide substantive legal
equality for all children regardless of the marital status of
their parents.” H. Stand. Comm. Rep. No. 190, in 1975 House
Journal, at 1019. Under the 2017 UPA, parentage presumptions,
including the holding out presumption, no longer use gendered
language. See HRS § 584A-303(a)(2) (Supp. 2025). But the
Preface to the UPA (2017) clearly indicates that all previous
versions of the UPA, including the 1973 UPA, included language
requiring gender-neutral application of parentage laws, like the
language in HRS § 584-21:
In addition to the constitutional mandate of equal protection, the terms of the UPA itself expressly mandate that gendered provisions be applied equally without regard to sex. Every iteration of the UPA includes a provision stating that provisions addressing the parentage of men must be applied equally to determine the parentage of women. Consistent with this statutory mandate, most courts applying earlier iterations of the UPA concluded that provisions for determining men’s parentage -- including gendered provisions creating presumptions of paternity -- must be applied equally to determine maternity when it is at issue. For example, a number of courts have applied their state’s gendered holding-out presumption equally to women.
Joslin, 52 Fam. L.Q. at 446-47 (footnotes omitted and emphasis
added). Therefore, as reflected in HRS § 584-21, the
16 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
legislative intent of the 1973 UPA was to have paternity
presumptions applied in a gender-neutral way. 10 The 2017 UPA
only clarified that previous paternity presumptions were equally
available to all individuals.
Hence, even under the 1973 UPA, the paternity presumptions
of HRS § 584-4(a) were to be applied in a gender-neutral manner
and regardless of marital status and biological connection. 11
B. The holding out presumption applied and has not been rebutted by clear and convincing evidence As the family court found that Ava brought the child into
her home and held Kai as her own, she is presumed to be a parent
of the child pursuant to HRS § 584-4(a)(4); this presumption of
parentage has not been rebutted by clear and convincing
evidence.
10 Model UPA § 21 cmt. (1973) states:
This Section permits the declaration of the mother and child relationship where that is in dispute. Since it is not believed that cases of this nature will arise frequently, Sections 4 to 20 are written principally in terms of the ascertainment of paternity. While it is obvious that certain provisions in these Sections would not apply in an action to establish the mother and child relationship, the Committee decided not to burden these -- already complex -- provisions with references to the ascertainment of maternity. In any given case, a judge facing a claim for the determination of the mother and child relationship should have little difficulty deciding which portions of Sections 4 to 20 should be applied.
11 As the statute plainly and clearly dictates that paternity assumptions must apply to all individuals regardless of marital status or biological connection, we need not address equal protection and due process constitutional concerns of the family court’s interpretation.
17 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
As this court noted in LC, HRS § 584-21 requires paternity
presumptions to apply “insofar as practicable” to the mother and
child relationship. 143 Hawai‘i at 312, 430 P.3d at 410. Just
as this court ruled in LC that it was practicable to apply the
marital presumption to the mother and child relationship even
where there was no biological connection, it is practicable to
apply the holding out presumption here. Id.
The family court’s findings satisfy the applicability of
the HRS § 584-4(a)(4) holding out presumption. Ava received Kai
into her home and openly held Kai out as her child. Ava acted
as Kai’s parent and provided Kai with food, shelter, education,
and ordinary medical care. Therefore, the family court
correctly found that Ava held the child out as her own. But,
contrary to the family court’s ruling, Ava is also entitled to
the presumption under HRS § 584-4(a)(4). Further, no clear and
convincing evidence has been presented rebutting this
presumption. See HRS § 584-4(b) (2018). 12
V. Conclusion
Hence, the family court erred in concluding Ava could not
establish parentage as a matter of law. We therefore (1) vacate
the family court’s November 20, 2024 FOFs and COLs in so far as
it determined Ava could not be declared a legal parent; and (2)
12 HRS § 584-4(b) states that a presumption under HRS § 584-4 “may be rebutted in an appropriate action only by clear and convincing evidence.”
18 ** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER**
remand to the family court for further proceedings consistent
with this opinion, establishing Ava’s parentage and also
addressing Ava’s custody and visitation requests.
Emily M. Hills, /s/ Vladimir P. Devens Jongwook P. Kim, ACLU of Hawaiʻi /s/ Sabrina S. McKenna Makia Minerbi, Legal Aid Society of Hawaiʻi /s/ Todd W. Eddins for appellant JK /s/ Lisa M. Ginoza Mark T. Nugent Deputy Attorney General /s/ Clarissa Y. Malinao for appellee Child Support Enforcement Agency, State of Hawaiʻi