Assembly Bill No. 298–Assemblyman Collins (by request)

 

March 7, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for establishment of registry of putative fathers for purposes of adoption of children. (BDR 11‑490)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to domestic relations; providing for the establishment of a registry of putative fathers; requiring the division of child and family services of the department of human resources to adopt regulations to administer the registry of putative fathers; revising the provisions governing the adoption of children of putative fathers; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 127 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 9, inclusive, of this act.

1-3    Sec. 2.  1.  The division shall establish a registry of putative fathers.

1-4    2.  The registry must include, without limitation, the following

1-5  information pertaining to a registrant who has not withdrawn his

1-6  registration:

1-7    (a) The name of the registrant;

1-8    (b) The date of birth of the registrant;

1-9    (c) The address at which the registrant wishes to receive notice of the

1-10  filing of a petition for adoption; and

1-11    (d) The name of the natural mother of the child and any known

1-12  aliases used by the natural mother.

1-13    Sec. 3.  1.  A person who is the putative father of a child may,

1-14  before the birth of the child or within 7 days after the birth of the child,

1-15  register with the registry by submitting to the division a registration form

1-16  in the manner prescribed in the regulations adopted by the division

1-17  pursuant to section 9 of this act.

1-18    2.  A registration form shall be deemed to be filed in the registry at

1-19  the time of receipt that is recorded on the registration form by the

1-20  division.

2-1    3.  A registrant shall, not later than 5 days after changing the address

2-2  at which he wishes to receive notice of a filing of a petition for adoption,

2-3  notify the division of his new address.

2-4    Sec. 4.  1.  Upon receipt of a notarized written request of a

2-5  registrant to withdraw his registration from the registry, the division

2-6  shall:

2-7    (a) Remove from the registry and destroy all information, whether

2-8  tangible or intangible, pertaining to the registrant; and

2-9    (b) Refuse to disclose any information pertaining to the registrant or

2-10  pertaining to the fact that the registrant registered with the registry or

2-11  requested the withdrawal of his registration.

2-12    2.  A registrant who withdraws his registration pursuant to this

2-13  section may not submit another registration form for the same child for

2-14  which he previously registered.

2-15    Sec. 5.  1.  A petitioner for adoption may request that the division

2-16  search the registry to determine whether a person has registered as the

2-17  putative father of the child who is the subject of the petition for adoption.

2-18    2.  After conducting a search of the registry, if the division

2-19  determines that a person has:

2-20    (a) Registered as the putative father of the child, the division shall:

2-21      (1) Provide the petitioner a certified copy of the registration form

2-22  submitted by the registrant which indicates the date and time of receipt of

2-23  the registration form; and

2-24      (2) Notify the registrant by certified mail that a petition for adoption

2-25  of the child has been filed, that a search of the registry was conducted

2-26  pursuant to this section and that a copy of his registration form was

2-27  provided to the petitioner.

2-28    (b) Not registered as the putative father of the child, the division shall

2-29  provide the petitioner a certified statement verifying that a search of the

2-30  registry was conducted and that no person has registered as the putative

2-31  father of the child.

2-32    Sec. 6.  The division shall not charge any fee for:

2-33    1.  Registration with the registry;

2-34    2.  Withdrawal of registration with the registry;

2-35    3.  Conducting a search of the registry; or

2-36    4.  Providing a certified copy of a registration form or a certified

2-37  statement pursuant to section 5 of this act.

2-38    Sec. 7.  1.  Except as otherwise provided in subsection 2, all

2-39  information contained in the registry is confidential and must not be

2-40  released to any person.

2-41    2.  Information concerning a registrant may be released to:

2-42    (a) A court of competent jurisdiction.

2-43    (b) A petitioner for adoption of a child who submits a written request

2-44  for a search of the registry and any attorney representing the petitioner.

2-45    (c) A person who submits a written request for the information

2-46  accompanied by a notarized statement from the registrant authorizing

2-47  release of the information.

2-48    (d) A person authorized to receive the information pursuant to an

2-49  order of a court of competent jurisdiction.

3-1    (e) The state, any political subdivision of the state and any agency of

3-2  the state or of a political subdivision of the state that is responsible for

3-3  enforcing obligations of child support, but the information must not be

3-4  used for any purpose other than enforcing an obligation of child support.

3-5    Sec. 8.  The putative father of a child who is born as the result of an

3-6  act of sexual intercourse in this state shall be deemed to have notice that,

3-7  pursuant to NRS 127.090, the child may be adopted without his consent

3-8  if:

3-9    1.  He fails to register with the registry pursuant to section 3 of this

3-10  act or withdraws his registration pursuant to section 4 of this act; or

3-11    2.  Within 10 days after receiving notice pursuant to section 5 of this

3-12  act that a petition for adoption of the child has been filed, that a search

3-13  of the registry was conducted and that a copy of his registration form was

3-14  provided to the petitioner, he has not filed an action pursuant to NRS

3-15  126.071 to determine the existence of a parent and child relationship.

3-16    Sec. 9.  The division shall adopt regulations to carry out the

3-17  provisions of this section and sections 2 to 8, inclusive, of this act.

3-18    Sec. 10.  NRS 127.003 is hereby amended to read as follows:

3-19    127.003  As used in this chapter, unless the context otherwise requires:

3-20    1.  “Division” means the division of child and family services of the

3-21  department of human resources.

3-22    2.  “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.

3-23    3.  “Indian Child Welfare Act” means the Indian Child Welfare Act of

3-24  1978 , [(]25 U.S.C. §§ 1901 et seq . [.).]

3-25    4.  “Parent and child relationship” has the meaning ascribed to it in

3-26  NRS 128.015.

3-27    5.  “Putative father” means a person who:

3-28    (a) Is alleged or reputed to be the natural father of an illegitimate

3-29  child; and

3-30    (b) Before the date on which a petition for adoption of the child is

3-31  filed, has not acknowledged paternity of the child pursuant to NRS

3-32  126.053 and has not been determined to have a parent and child

3-33  relationship with the child by:

3-34      (1) A court of competent jurisdiction pursuant to NRS 125B.150,

3-35  126.071 or 130.701;

3-36      (2) A court of competent jurisdiction in another state;

3-37      (3) An administrative agency or quasi-judicial entity pursuant to

3-38  NRS 425.382 to 425.3852, inclusive; or

3-39      (4) An administrative agency or quasi-judicial entity in another

3-40  state that is authorized to establish or to determine parentage or the

3-41  existence of a parent and child relationship.

3-42    6.  “Registrant” means a putative father who has registered with the

3-43  registry pursuant to section 3 of this act.

3-44    7.  “Registry” means the registry of putative fathers established

3-45  pursuant to section 2 of this act..

3-46    Sec. 11.  NRS 127.005 is hereby amended to read as follows:

3-47    127.005  1.  The provisions of NRS 127.010 to 127.186, inclusive,

3-48  and sections 2 to 9, inclusive, of this act govern the adoption of minor

3-49  children[, and the] ; and

4-1    2.  The provisions of NRS 127.190 [to 127.210, inclusive,] , 127.200

4-2  and 127.210 and the provisions of NRS 127.010 to 127.186, inclusive, and

4-3  sections 2 to 9, inclusive, of this act, where not inconsistent with the

4-4  provisions of NRS 127.190 [to 127.210, inclusive,] , 127.200 and 127.210,

4-5  govern the adoption of adults.

4-6    Sec. 12.  NRS 127.090 is hereby amended to read as follows:

4-7    127.090  1.  Consent of a parent to an adoption [shall not be necessary

4-8  where] is not necessary if the parental rights of the parent have been

4-9  terminated by an order of a court of competent jurisdiction.

4-10    2.  Consent of a putative father to an adoption is not necessary if:

4-11    (a) The putative father has failed to register with the registry pursuant

4-12  to section 3 of this act or has withdrawn his registration pursuant to

4-13  section 4 of this act; or

4-14    (b) Within 10 days after receiving notice pursuant to section 5 of this

4-15  act that a petition for adoption of the child has been filed, that a search

4-16  of the registry was conducted and that a copy of his registration form was

4-17  provided to the petitioner, the putative father has not filed an action

4-18  pursuant to NRS 126.071 to determine the existence of a parent and child

4-19  relationship.

4-20    Sec. 13.  NRS 127.110 is hereby amended to read as follows:

4-21    127.110  1.  A petition for adoption of a child who currently resides in

4-22  the home of the petitioners may be filed at any time after the child has

4-23  lived in the home for 30 days.

4-24    2.  The petition for adoption must state, in substance, the following:

4-25    (a) The full name and age of the petitioners and the period the

4-26  petitioners have resided in the State of Nevada before the filing of the

4-27  petition.

4-28    (b) The age of the child sought to be adopted and the period that the

4-29  child has lived in the home of petitioners before the filing of the petition.

4-30    (c) That it is the desire of the petitioners that the relationship of parent

4-31  and child be established between them and the child.

4-32    (d) Their desire that the name of the child be changed, together with the

4-33  new name desired.

4-34    (e) That the petitioners are fit and proper persons to have the care and

4-35  custody of the child.

4-36    (f) That they are financially able to provide for the child.

4-37    (g) That there has been a full compliance with the law in regard to

4-38  consent to adoption. If the consent of a putative father is not required

4-39  pursuant to subsection 2 of NRS 127.090, the petitioner must present to

4-40  the court the certified statement provided to the petitioner pursuant to

4-41  section 5 of this act or evidence that the putative father received notice of

4-42  the petition pursuant to section 5 of this act and failed to file an action

4-43  pursuant to NRS 126.071 to determine the existence of a parent and child

4-44  relationship within 10 days after receiving such notice.

4-45    (h) That there has been a full compliance with NRS 127.220 to 127.310,

4-46  inclusive.

4-47    (i) Whether the child is known to be an Indian child.

4-48    3.  No order of adoption may be entered unless there has been full

4-49  compliance with the provisions of NRS 127.220 to 127.310, inclusive.

5-1    Sec. 14.  The amendatory provisions of this act apply with respect to

5-2  any child who is born on or after October 1, 2001.

 

5-3  H