adoption
SB 1287 establishes a model for the notice form given to potential fathers when consent is required in adoption proceedings. The bill adds a father’s failure to file a notice of a claim of paternity is sufficient evidence for the court to terminate a parent-child relationship.
Currently, courts shall not grant an adoption of a child unless consent is obtained from outlined individuals, including the child’s father. In an adoption proceeding, the mother verifies all potential fathers and notice is served to each potential father informing each of the adoption, his rights and responsibilities. Presently, the law does not prescribe a specific notice form to be served to the potential fathers. SB 1287 outlines a notice form, which includes the father’s responsibility to initiate paternity proceedings, serve the mother within 30 days of receiving notice and proceed to judgement in the paternity action.
Current law stipulates that a father seeking paternity who wants to receive notification of adoption proceedings shall file a paternity claim with the Department of Health Services (DHS). If the paternity claim is not filed before the birth of the child or within 30 days after the child is born, the father waives his right to be notified of any adoption hearings and his consent is not required for adoption. The law further clarifies that lack of knowledge of the pregnancy is not an acceptable reason for failure to file a paternity claim. SB 1287 specifies that sexual intercourse with the mother is deemed to be notice to the father of the pregnancy and further states that failure of the father to file a paternity claim is grounds for a parent-child relationship termination.
· Prescribes the notice form served to each potential father when a mother plans to place a child for adoption.
· Specifies the notice shall inform the potential father of his responsibility to initiate paternity proceedings, to proceed to judgement in the paternity action, and to serve the mother within 30 days of his notification. If the father fails to do these items, he is prohibited from bringing action to assert interest in the child.
· Clarifies that sexual intercourse with the mother is sufficient notice to the father of the pregnancy.
· Stipulates that failure of the father to file the paternity claim is sufficient evidence to justify a parent-child relationship termination.
· Lowers the age from 21 to 18 for persons permitted to be contacted by confidential intermediaries.
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45th Legislature
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Second Regular Session 2 April
23, 2002
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