A family walking together into the ocean waves on a beach

Parental Rights

A fundamental right without a statute

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

Hawai'i courts in Doe v. Doe 172 P.3d 1067, 1077, 1079 (Haw. 2007), applied the strict scrutiny standard on behalf of parental rights in a grandparent visitation dispute. However, this precedent is subject to change.

Statutes and rules

Current law in Hawai'i

Here are some specific revised statutes and administrative rules regarding parental rights in Hawai'i:

HRS §577-7

Parents’ control and duties

Hawaii Revised Statutes Title 31, Family 577, Children 577-7

Parents or, in case they are both deceased, guardians, legally appointed, shall have control over the conduct and education of their minor children. They shall have the right, at all times, to recover the physical custody of their children by habeas corpus. All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.

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HAR §8-34-4

Rights of parents and students

Hawai'i Administrative Rules Title 8, Department of Education, Chapter 34

Parents shall have the following rights with respect to the education records of their children: inspect, review, challenge or obtain copies thereof; allow others to review them; and grant permission for their release. The rights of parents shall be transferred to the student who has attained eighteen years of age.

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Take action

It starts at the local level

Submit testimony to the Board of Education, Honolulu City Council, and the State Legislature.

Ways to take action