Rule 118.Affidavits or Declarations Required in Doctor and Other Third Person Placement Cases, and When Mother’s Affidavit or Declaration Is Required.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 118 requires a birth background declaration from the attorney in a third-person placement, and a declaration from the mother about the natural father where consent is missing.

Full Text of Rule 118

Text sizeJump to: (a) (b) (c)

(a) (a) Attorney’s affidavit or declaration of birth background. In every adoption where placement through a doctor or other qualified non-agency person, is made of a child with proposed adoptive parents to whom the child bears no relationship, the attorney for the petitioner or petitioners shall, before or at the time of the hearing of the petition, file an Affidavit or Declaration of Birth Background with the court containing in substance the following information:

(1) (1) the name and age of the natural mother and the name and age of the natural father, if known;

(2) (2) the name of the child at birth and the place and date of birth;

(3) (3) the marital status of the natural mother at the time of the birth of the child;

(4) (4) the racial backgrounds, physical descriptions, educational backgrounds, occupations, religion and health backgrounds of the natural mother and the natural father;

(5) (5) special requests of either parent relating to placement, if any;

(6) (6) whether or not counseling was provided either parent or reason none was obtained;

(7) (7) the total number of times the attorney saw the natural mother and information regarding the consistency of the mother’s indicated desire to place the child in the manner proposed; and

(8) (8) if the natural mother is an unmarried minor, the name and relationship of the person endorsing the natural mother’s consent, if an endorsement is made.

(b) (b) Natural mother’s affidavit or declaration of relationship with natural father. In every adoption in which the child sought to be adopted is born out of wedlock where the natural father who has notice of the birth or expected birth of the child has not given his written consent, in order for the court to determine whether the consent of the natural father is not required or may be dispensed with or whether or not notice of the adoption proceeding must be given to the natural father, the natural mother shall, before the hearing, sign an affidavit or declaration containing the following information regarding the natural mother’s relationship with the natural father:

(1) (1) whether or not the natural father knew about or was told of the pregnancy and/or the birth of the child;

(2) (2) whether or not the natural mother and the natural father cohabited with each other before or after the birth of the child and, if so, for what duration;

(3) (3) whether or not the natural father contributed toward the hospital and medical expenses in connection with the birth of the child and, if so, how much and, if the natural father did not, who did pay such expenses;

(4) (4) whether or not the natural father has contributed toward the support of the child and, if so, to what extent and, if not, who did support said child;

(5) (5) whether or not the natural mother filed any parentage action against the alleged natural father and, if so, whether or not the alleged natural father was adjudicated to be the natural father of the child; and

(6) (6) whether or not the name of father appears on the child’s birth certificate. The affidavit or declaration shall be presented to the judge for review prior to the filing of the petition.

(c) (c) Foreign adoption placement agency’s affidavit or declaration. In an adoption where placement is made of a child through a foreign adoption agency, and the mother’s affidavit or declaration, as required by (b) of this Rule, is not obtainable, the foreign adoption agency, which placed the child, may submit an affidavit or declaration containing the following:

(1) (1) information the agency possesses relating to the relationship between the natural mother and the natural father;

(2) (2) how the agency possesses this information;

(3) (3) whether or not the natural father ever attempted to contact the child while the child was in the custody of the agency; and

(4) (4) the attempts made by the agency to contact the natural mother to secure the affidavit or declaration required by (b) of this Rule.

The local adoption agency which placed the child with the adoptive parents, in conjunction with the foreign adoption agency, shall submit the affidavit or declaration to the judge for review, together with its report and documents relating to the child to be adopted.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022; further amended July 9, 2025, effective January 1, 2026.)

Plain-English Summary

Where a child is placed through a doctor or other qualified non-agency person with proposed adoptive parents the child is unrelated to, the attorney must file an Affidavit or Declaration of Birth Background before or at the hearing. The rule lists eight things it must contain: the names and ages of the natural mother and father so far as known, the child name at birth with place and date, the mother marital status at the birth, the racial backgrounds, physical descriptions, educational backgrounds, occupations, religion and health backgrounds of both parents, any special placement requests, whether counselling was provided or why not, the number of times the attorney saw the mother and how consistent her stated wish to place was, and where she is an unmarried minor, who endorsed her consent.

That list is a check on private placement. It asks the attorney to record how many times the mother was seen and whether her intention held, which is the question a court needs answered when no agency was involved.

The second declaration comes from the mother. Where the child is born out of wedlock and a natural father who had notice of the birth or expected birth has not given written consent, the court needs to decide whether his consent is required or may be dispensed with. The mother declaration addresses what he knew of the pregnancy or birth, whether the parents cohabited, and the other matters the rule enumerates.

This is one of the two rules carrying the January 2026 amendment.

Frequently Asked Questions

What is an Affidavit of Birth Background in Hawaii?

A declaration the attorney files in a doctor or third-person placement adoption, setting out eight categories of information about the child and the natural parents.

When is it required?

In every adoption where placement through a doctor or other qualified non-agency person is made with proposed adoptive parents the child bears no relationship to.

What does the mother declaration cover?

Her relationship with the natural father, including whether he knew of the pregnancy or birth and whether the parents cohabited, so the court can decide whether his consent is required or may be dispensed with.

When is the mother declaration needed?

Where the child is born out of wedlock and a natural father with notice of the birth or expected birth has not given written consent.

Does the declaration record counselling?

Yes, whether counselling was provided to either parent or the reason none was obtained.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 118). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: birth background affidavit hawaii adoptionprivate placement adoption hawaiinatural father consent hawaii adoptionhawaii family court rule 118