Parental Rights in Hawaii

Hawaii Parental Rights News

Calls Needed to Advance Parental Rights Bill in Hawai’i

February 7, 2023

On January 25, Representatives Pierick, Garcia, and Matsumoto introduced HB1393, an act Relating to Parental Rights. The bill guarantees the right of parents “to direct the upbringing, education, care, and welfare of the parent’s child” and prohibits the state or any agency or subdivision of the state from enacting “any rule, regulation, or law that…

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Hawaii State Law and Parental Rights

At Risk

Hawaii does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

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Hawaii Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

In Doe v. Doe 172 P.3d 1067, 1077, 1079 (Haw. 2007), the Hawaii Supreme Court applied the strict scrutiny standard on behalf of parental rights in a grandparent visitation dispute.

However, this precedent is subject to change.