AB 107

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 and if no participant in

the court proceeding knows or has reason to know that the child 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. The bill requires the court

to review the affidavit and make findings on whether it meets all of the requirements.

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 and may be executed by either parent 120 hours or more after the

birth until the child's first birthday; however, the affidavit may not be executed by

either parent from birth until 120 hours after the birth or on or after the child's first

birthday.

Under the bill, if executed by the father or alleged or presumed father before

the child's birth, the disclaimer is revokable for any reason until 72 hours after

execution or 120 hours after the birth, whichever is later. If executed by the mother,

the disclaimer is revocable for any reason until 72 hours after execution. 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