A disclaimer of parental rights and payments allowed in connection with an adoption

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 agency that is licensed in the state in which it operates for services provided in connection with an adoption and, where applicable, in compliance with the federal Indian Child Welfare Act, as certified to DCF. The bill defines a private child placing agency as a private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one state to another state. Current law allows payments for such services only to a child welfare agency licensed in this state.