§338-21 Children born to parents not married to each other. (a) All children born to parents not married to each other, irrespective of the marriage of either natural parent to another, (1) on the marriage of the natural parents with each other, (2) on the voluntary, written acknowledgments of paternity under oath signed by the natural father and the natural mother, or (3) on establishment of the parent and child relationship under chapter 584, are entitled to the same rights as those born to parents married to each other and shall take the name so stipulated by their parents or, if the parents do not agree on the name, shall take the name specified by a court of competent jurisdiction to be the name that is in the best interests of the child. The original certificate of birth shall contain the name so stipulated. The child or children or the parents thereof may petition the department of health to issue a new original certificate of birth, and not a duplicate of the original certificate that has been amended, altered, or modified, in the new name of the child, and the department shall issue the new original certificate of birth. As used in this section "name" includes the first name, middle name, or last name.

(b) The evidence upon which the new original certificate is made, and the superseded original certificate shall be sealed and filed and may be opened only upon order of a court of record.

(c) If the child's natural parents marry each other and desire to change the child's name, the child's name may be changed and a new original certificate of birth prepared.

(d) Nothing in this section shall be construed to limit the power of the courts to order the department to prepare new certificates of birth under section 584-23. [L 1949, c 327, §25; RL 1955, §57-24; am L Sp 1959 2d, c 1, §19; am L 1967, c 6, §2; HRS §338-21; am L 1975, c 66, §2(4); am L 1980, c 153, §5; am L 1983, c 65, §2; am L 1986, c 287, §1; am L 1987, c 100, §2; am L 1988, c 141, §27; am L 1993, c 131, §3]

Attorney General Opinions

Department of health's preparation of a new birth certificate pursuant to paternity orders. Att. Gen. Op. 87-6.

Case Notes

Legitimacy or illegitimacy fixed at birth and cannot be changed by subsequent legislation. 3 H. 459; 4 H. 548. Prior to amendment of Act 71, L 1907, children of adulterous intercourse not legitimated by subsequent marriage of parents. 4 H. 292; 17 H. 45, 415, aff'd 210 U.S. 149.

Child begotten and born out of wedlock even though legitimated by statute on marriage of parents, is not "lawfully begotten child" within meaning of will. 14 H. 271.

Legitimation by subsequent marriage. 29 H. 258, aff'd 16 F.2d 273.

Presumption of legitimacy is not conclusive, but rebuttable. 30 H. 574. Evidence to rebut presumption. 49 H. 273, 414 P.2d 925.

Effect of legitimation on necessity of father's consent to adoption of child. 52 H. 395, 477 P.2d 780.