Rule 107.Default.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 107
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
Where a respondent nonconsenting parent has been duly served with notice of the time and place of the hearing and fails to answer or otherwise defend, and that is made to appear by affidavit, declaration or otherwise, the court may proceed with the hearing without further notice to the respondent.
Three things have to be shown before the hearing goes ahead: due service of notice of the time and place, a failure to answer or otherwise defend, and proof of both made to the court. The rule accepts an affidavit or declaration, or proof by other means.
This is the adoption analogue of Rule 55, but narrower. It does not enter a default judgment; it allows the hearing to proceed. The court still has to be satisfied of the grounds, which in a nonconsent case means the statutory grounds for dispensing with consent that Rule 103(c) requires to be alleged and proved.
Frequently Asked Questions
What happens if a parent does not respond to a Hawaii adoption petition?
Where they were duly served with notice of the time and place of hearing and failed to answer or otherwise defend, the court may proceed with the hearing without further notice to them.
How is the failure to respond proved?
By affidavit or declaration, or otherwise.
Does the adoption become automatic?
No. The rule allows the hearing to proceed. The grounds still have to be established.
What grounds are needed to dispense with consent?
The statutory grounds, which Rule 103(c) requires to be alleged in a nonconsent petition, with the child name in the allegations but not the title.
What if the parent does answer?
Rule 108 governs a contested hearing, letting either side move to set the matter for trial once an answer is filed.