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2006 SESSION

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SB 534 Adoption laws; creation of putative father registry.

Introduced by: Jay O'Brien | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Adoption laws; putative father registry.  Makes procedural and administrative changes to adoption laws, creates a "designated adoption", and establishes a putative father registry.  The bill removes a provision that Virginia law applies to entrustment agreements executed in the Commonwealth by agencies outside the Commonwealth. Acknowledged, adjudicated, presumed and registered fathers whose identity is not reasonably ascertainable are entitled to notice of an adoption.  Consent is not required of a birth father who denies paternity under oath and in writing or a birth parent who, without just cause, has neither visited nor contacted the child for six months.  Unmarried birth fathers may consent to the termination of parental rights prior to the birth of the child. The amount of time to object to proceedings is decreased from 21 to 15 days after the notice is mailed.  Failure to appear at a hearing waives the right to consent to the adoption.  The length of time during which an entrustment agreement can be revoked by the birth parents is reduced from until the child is 25 days old and 15 days have elapsed since execution to until the child is 10 days old and seven days have elapsed.  Current law requires that a child be 10 days old before consent to a parental placement adoption can be executed in juvenile court, this bill allows such consent on the third day of the child's life.  Consent is revocable for 10 days instead of the current 15 and is not revocable at all after the child is 10 days old.  The bill creates a new form of adoption where a birth parent may designate adoptive parents but may use agency adoption and the exchange of certain identifying information does not have to occur.  A Putative Father Registry is established and will be administered by the Department of Social Services and funded by an additional $50 filing fee.  Any man who has engaged in sexual intercourse with a woman is deemed to be on legal notice that a child may be conceived and may register with the Registry which will entitle him to notice if the child is placed for adoption.  Provisions related to adult and step-parent adoption are revised. 


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