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HB 0497 - Adoption; surrender rights; provisions

Tracking Level: Passed
Sponsor: Sheldon,Donna 105th
Last Action: 5/23/2007 - House Date Signed by Governor
House Committee: Judy
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

Amend Chapter 8 of Title 19.  Relating to adoption. This bill provides for the pre-birth surrender of rights for the biological father to a child being placed for adoption and provides a sample form for such surrender.  A person executing a pre-birth surrender shall have the right to withdraw the surrender within ten days for the date of execution.  This bill also provides for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted.  If a legal mother has voluntarily and in writing surrendered all of her parental rights and has not withdrawn her surrender within the ten day period permitted, she shall have no right or authority to sign either a voluntary acknowledgment of legitimation or a voluntary acknowledgment of paternity.  If the child is legitimated by his or her biological father and in the subsequent adoption proceeding, the petition for adoption is either withdrawn with prejudice or denied by the court, then a surrender of parental rights final release for action executed by the legal mother shall be dissolved and her parental right shall be restored. 

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