AB 138

This bill provides a method by which a mother, father, or alleged or presumed

father may disclaim his or her parental rights with respect to a child under the age

of one who is not an Indian child in writing as an alternative to appearing in court

to consent to the termination of his or her parental rights. The bill also allows

payments to be made to a licensed out-of-state private child placing agency for

services provided in connection with an adoption.

Disclaimer of parental rights

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 that allows a mother, father, or alleged or presumed father to avoid

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

parental rights with respect to a child under the age of one who he or she knows is

not, or has no reason to know is, an Indian child. A minor may use such an affidavit

of disclaimer only after the TPR petition has been filed, he or she has been offered

legal counseling, and he or she has been appointed a guardian ad litem and only if

the guardian ad litem approves the disclaimer. The affidavit must comply with

certain requirements, including that it must be witnessed 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 before the birth of the child by the father or alleged or presumed father but

not the mother, may not be executed by either parent between the birth and 120

hours after the birth or on or after the child's first birthday, and may be executed by

either parent 120 hours or more after the birth. If not revoked by the applicable time

limit, the disclaimer is irrevocable unless obtained by fraud or duress. Under the bill,

no action to invalidate a disclaimer, including an action based on fraud or duress,

may be commenced more than three months after the affidavit was executed. If

parental rights to a child are terminated based upon such a disclaimer of parental

rights, the bill prohibits a court from entering an order granting adoption of the child

until three months have passed since the affidavit was executed.

The bill requires the agency making the placement of the child for adoption,

whether the agency is the Department of Children and Families, the county

department of human services or social services, or a licensed child welfare agency,

to offer both counseling and legal counseling to the person disclaiming his or her

parental rights, at the agency's expense, prior to execution of the affidavit. The

person must acknowledge in the affidavit that he or she has been offered these

counseling and legal counseling sessions and whether or not he or she accepted them.

Payments relating to adoption

This bill allows payments to be made to an out-of-state private child placing