(REPRINTED WITH ADOPTED AMENDMENTS) " FIRST REPRINT A.B. 503" Assembly Bill No. 503--Assemblymen Monaghan, Anderson, Ohrenschall, Steel, Freeman, Carpenter, Stroth, Goldwater, Schneider, Humke, Lambert, Hettrick, Fettic, Manendo, Nolan, Bennett, Tripple, Segerblom, Evans, Tiffany and Brower April 19, 1995 _____________ Referred to Committee on Judiciary SUMMARY--Makes various changes to procedures for adoption of child. (BDR 11-1129) FISCAL NOTE: Effect on Local Government: No. Effect on the State or on Industrial Insurance: No. EXPLANATION--Matter in italics is new; matter in bra ckets [ ] is material to be omitted. AN ACT relating to adoption; requiring a man who claims to be the natural father of a child born outside of marriage to file certain information as a condition to retaining his rights regarding the child; requiring that the best interests of a child be the primary consideration in an action to set aside an adoption brought by the natural parent of the child; making various other changes to the procedures for the adoption of a child; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 126.051 is hereby amended to read as follows: 126.051 1. A man is presumed to be the natural father of a child if: (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court. (b) He and the child's natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception. (c) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and: (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation. (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child. (e) At any time he acknowledges or admits his paternity of the child in a writing filed with the state registrar of vital statistics. 2. The state registrar of vital statistics shall promptly inform the natural mother of the filing of an acknowledgment, and the presumption is nullified if she disputes the acknowledgment in a writing filed with the registrar within 60 days after this notice is given. Each acknowledgment filed must be maintained by the registrar in a sealed confidential file until it is consented to by the mother and any other presumed father. This does not preclude access by an appropriate state official incident to his official responsibility concerning the parentage of the child. The acknowledgment must not be made public unless the mother affirmatively consents to the acknowledgment or a court adjudicates parentage. Each acknowledgment must be signed by the person filing it, and contain: (a) The name and address of the person filing the acknowledgment; (b) The name and last known address of the mother of the child; and (c) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born. If another man is presumed under this section to be the child's father, acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree. Acknowledgment by both parents as to the parentage of a child makes the child legitimate from birth, and the birth must be documented as provided in chapter 440 of NRS. 3. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.\ 4. The department of human resources shall develop a form for acknowledging paternity. The department shall distribute the form to each office of the division of child and family services of the department, each child-placing agency licensed pursuant to chapter 127 of NRS and each hospital in this state. \\Sec. 2. Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act: Sec. 3. \1. Except as otherwise provided in subsection 2, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes: (a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency; and (b) Any information regarding the medical and sociological history of the child obtained by the division or licensed child-placing agency during interviews of the natural parent. 2. The report created pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.\\ Sec. 4. \1. The natural parent of a child may not bring an action to set aside an adoption after a petition for adoption has been granted, unless a court of competent jurisdiction has previously, in a separate action: (a) Set aside the consent to the adoption; (b) Set aside the relinquishment of the child for adoption; or (c) Reversed an order terminating the parental rights of the natural parent. 2. After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child's best interest.\\ Sec. 5. NRS 127.120 is hereby amended to read as follows: 127.120 1. A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the division, which shall make an investigation and report as provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the division. A copy of the order waiving the investigation must be sent to the nearest office of the division by the petitioners within 7 days after the order is issued. 2. The division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition [and the antecedents] of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the [minor.] \child. 3. \\The division or the designated agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings, which must contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit [a report. 3.] \the report. 4. \\If the court is dissatisfied with the report submitted by the division, the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending. Sec. 6. NRS 127.150 is hereby amended to read as follows: 127.150 1. If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. A copy of the order or decree must be sent to the nearest office of the division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for 6 months in the home of the petitioners. 2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.\ 3. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child's best interest.\\ Sec. 7. NRS 127.186 is hereby amended to read as follows: 127.186 1. The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home. 2. \The division or child-placing agency shall determine whether a child has special needs and notify the proposed adoptive parents of a child who is determined to have special needs: (a) That they may be eligible for a grant of financial assistance pursuant to this section if the petition for adoption is granted; and (b) The manner in which to apply for such financial assistance. 3. \\The division may grant financial assistance for attorney's fees and court costs in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if the administrator of the division has reviewed and approved in writing the proposed adoption and grant of assistance. [3.] \4.\\ The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. The agreement does not become effective until the entry of the order of adoption. [4.] \5.\\ Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied. [5.] \6.\\ All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first. [6.] \7.\\ Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption. Sec. 8. Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:\ 1. In any action commenced by the natural parent of a child to set aside an adoption after a petition for adoption has been granted, the best interests of the child must be the primary and determining consideration of the court. 2. After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child's best interest.\\ -30-