AB 1085

This bill establishes a process for an adult adoptee who was adopted by a

stepparent and who had a parent whose rights were terminated to file a petition to

rescind the adoption by the stepparent and restore the parental rights of the parent

whose rights were terminated. Under the bill, the adult adoptee and the adult

adoptee's parent whose rights were terminated may file the petition, but if the parent

whose rights were terminated is deceased, the adult adoptee may file the petition

without the terminated parent. The bill provides that a court must conduct a hearing

regarding a rescission petition after notice is served on the interested parties. The

court may order an investigation and extrinsic evidence may be used to construe the

intent of the parent whose rights were terminated if that parent is deceased.

The bill provides that if the court finds it to be in the best interests of the persons

involved, the court may enter an order of rescission of the adoption that restores the

parental rights of the parent whose rights were terminated. If the petition is

granted, the court must, if requested by the adoptee, provide a copy of the order to

the state bureau of vital records, along with any other data necessary for the state

registrar to prepare a new birth record based on the information on the adoptee's

original birth record.

In general, under the bill, if a court issues an order of rescission of adoption by

a stepparent and restoration of parental rights, the adoptee ceases to be treated as

a child of the stepparent and the stepparent ceases to be treated as a parent of the

child for inheritance purposes, except that no right, title, or interest vesting before

entry of the order of rescission may be divested by the order. Under the bill, once such

an order has been issued, the previously terminated parent-child relationship is

fully restored for purposes of transfers at death except, again, a right, title, or

interest vesting before entry of the order of rescission may not be divested by the

order. The bill also provides, however, that if the order is issued after the death of

the parent whose rights were previously terminated, the restoration of parent-child

inheritance rights does not apply.