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2012 SESSION

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HB 445 Adoption; various changes to procedures.

Introduced by: David J. Toscano | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Adoption procedures.  Makes various changes to adoption procedures, including establishing a procedure for review of petitions filed for the purpose of obtaining a juvenile and domestic relations district court's assistance with the execution of consent to an adoption when the consent is executed pursuant to the laws of another state; expanding the venue for consent hearings in parental placement adoptions to include any city or county in the Commonwealth, provided that diligent efforts are made to conduct the hearing where the child was born, where the birth parents reside, or where the adoptive parents reside; eliminating the need for parental consent for an adoption in cases in which a birth parent has, without just cause, neither visited nor contacted the child for a period of six months immediately prior to the filing of a petition for adoption or a petition to accept consent to an adoption; adding language setting forth requirements for establishment of a date of birth for a child adopted from a foreign country; and clarifying the requirements for stepparent adoptions. The bill also makes changes to the process of registering with the Putative Father Registry.

SUMMARY AS INTRODUCED:

Adoption procedures.  Makes various changes to adoption procedures including: establishing a process for review of a decision by the Commissioner of Social Services to grant or deny a variance from criteria for approval as an appropriate adoptive home; establishing a procedure for review of petitions filed for the purpose of obtaining a juvenile and domestic relations district court's assistance with the execution of consent to an adoption when the consent is executed pursuant to the laws of another state; expanding the option of venue for consent hearings in parental placement adoptions to any city or county in the Commonwealth; amending requirements for parental consent to an adoption to eliminate the need for parental consent in cases in which a birth parent has, without just cause, neither visited nor contacted the child for a period of six months prior to the initiation of any proceeding related to the adoption, receipt by the birth parent of notification of the availability of the Putative Father Registry, or receipt by the birth parent of a written communication requesting the birth parent's consent to the adoption; amending requirements related to granting of adoption when consent is withheld or unobtainable to allow a court to grant such adoptions in cases in which notice of the petition for adoption was made by certified or registered mail; adding language setting forth requirements for establishment of a date of birth for a child adopted from a foreign country; amending requirements related to revocation of an entrustment agreement to provide that after seven days of execution of a valid entrustment agreement, the agreement may only be revoked upon written consent of the child-placing agency having custody of the child; and amending requirements related to revocation of consent to an adoption to provide that in cases in which a birth parent has previously revoked consent to an adoption and subsequently consents to another adoption, the birth parent may only revoke such consent upon proof of fraud or duress. The bill also clarifies requirements for adoption of a child by the spouse of a birth or adoptive parent and makes changes to the process of registering with the Putative Father Registry.