AB 528

This bill makes certain changes relating to disclaimers of parental rights in

cases in which a private child welfare agency negotiates or arranges for the

placement of a child for adoption (private adoption).

Subject to certain exceptions, current law generally requires a birth parent to

appear in court to consent to the termination of his or her parental rights. This bill

adds an exception in the case of a private adoption that allows a birth parent to avoid

appearing in court if he or she files with the court an affidavit disclaiming his or her

parental rights. The affidavit must comply with certain requirements, including

that it must be witnessed by two individuals and notarized and must include a

statement that the parent understands the effect of an order to terminate parental

rights and that he or she voluntarily disclaims any rights that he or she may have

to the child.

Under the bill, the affidavit containing a disclaimer of parental rights may be

executed by the child's father before the birth of the child. If executed prior to the

child's birth, the father may revoke the disclaimer at any time before 72 hours after

the birth of the child. The bill provides that the disclaimer is void if the affidavit is

executed less than 72 hours after the birth of the child by either parent. If executed

72 hours or more after the birth of the child by either parent, or if not revoked before

72 hours after the birth of the child, the disclaimer is irrevocable unless obtained by

fraud or duress. The disclaimer is not voidable because the parent who executed it

was a minor. Under the bill, no action to void or revoke a disclaimer, including an

action based on fraud or duress, may be commenced more than six months after the

affidavit was executed.