Rule 106.Hearing.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 106
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Attendance is personal. The petitioners, any legal parent married to a petitioner, and any individual aged 10 or over who is the subject of the proceedings must appear at the hearing unless the court excuses them. The rule goes on to address the case where the petitioner is related by blood to the child and a consenting natural, legal or adoptive parent is involved.
The procedure splits depending on what the petitioners know. Where a petitioner does not know the identity of one or both of the child parents, that petitioner is excluded from the part of the hearing at which evidence about the child, the parentage and the background is presented. Only afterwards are the petitioners brought before the court to testify about their own background and suitability.
Where all petitioners already know the identity of the parents, their background and their reasons for placing the child, all the evidence may be taken at the same hearing. The distinction protects the birth parents confidentiality in a placement where it was never surrendered, without adding a hearing where there is nothing to protect.
Frequently Asked Questions
Who must attend a Hawaii adoption hearing?
The petitioners, any legal parent married to a petitioner, and any individual aged 10 or over who is the subject of the proceedings, unless excused by the court.
Does the child have to be there?
An individual aged 10 or over who is the subject of the adoption must personally appear unless excused.
Why are petitioners sometimes excluded from part of the hearing?
Where a petitioner does not know the identity of one or both parents, they are excluded from the portion at which evidence about the child, the parentage and the background is presented.
When is all the evidence heard together?
Where all petitioners know the identity of the parents, their background, and their reasons for placing the child.
Are adoption records public?
No. Rule 7.2(b) seals all documents filed in an adoption case on filing.