SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2006 SESSION

  • | print version

SB 534 Adoption laws; creation of putative father registry.

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

SUMMARY AS PASSED:

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. 

SUMMARY AS PASSED SENATE:

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 are entitled to notice of an adoption and must give consent.  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 not visited or supported 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 10 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.  Provisions related to the best interests of the child are rewritten.  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.  Failure to register is considered sufficient evidence that the identity of the father is not reasonably ascertainable.   An exception is made to the barrier crime statute and a child-placing agency is permitted to approve as an adoptive parent a person who has been convicted of felony possession or distribution of drugs who has had his civil rights restored provided ten years have passed since the conviction. Provisions related to adult and step-parent adoption are revised.

SUMMARY AS INTRODUCED:

Amendment to adoption laws; creation of a putative father registry; penalty.  Amends adoption laws to make the adoption process easier to navigate. Expands jurisdiction and venue choices for parties involved in adoption, changes the revocation period for adoptions from 15 days from its execution to either when the child is 10 days old or when consent is executed in court, whichever is later, reduces the review time of an adoption petition, and adds factors for the court to consider when determining whether or not to grant an adoption petition. It also allows the birth parent(s) to recommend adoptive parents and maintain privacy through the agency adoption procedures.

Creates a putative father registry that requires any man who desires to be notified of an adoption proceeding regarding a child he may have fathered to participate in the registry. If he fails to do so, he loses his right to object to the adoption. The background check statute is changed to provide an exception for the barrier crime of drug possession to allow a person to potentially adopt a child 10 years after conviction.