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2007 SESSION

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SB 1041 Adoption laws; administrative changes.

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

SUMMARY AS PASSED: (all summaries)

Adoption laws. Provides that a birth father, including one married to the birth mother, may consent to the termination of all of his parental rights prior to the birth of the child and that an executed denial of paternity by the putative father is sufficient to rebut the presumption that he is the father.  The court is allowed to dispense with requirements regarding filing of the birth father's identifying information in certain instances. The bill provides that if a birth parent or legal guardian executing a consent, entrustment, or other document related to the adoption, cannot provide the identification required by a notary the birth parent may execute a self-authenticating affidavit as to his identity.  Reduces from 21 to 15 days the amount of time a father has to object to an entrustment after notice to make it consistent with provisions changed in 2006. The bill allows a court to waive certain procedural provisions with regard to the spouse of an adoptive parent where the procedural provisions apply only to one adoptive parent. No notice or consent is required of any birth parent of a child whose adoption was finalized in a foreign country or for whom a guardianship order was granted when the child was approved by the United States Citizenship and Immigration Services for purposes of adoption.  When there has been an interstate transfer of the child in a parental placement adoption all matters relating to the adoption of the child including, but not limited to, custody and parentage shall be determined in the court of appropriate jurisdiction in the state that was approved for finalization of the adoption by the interstate compact authorities. Clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates. The background check requirement is waived for a birth parent who revokes an entrustment or placement agreement.  A number of the changes conform the law to changes made during the 2006 Session. This bill is identical to HB 1985.


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