S.B. 307


Senate Bill No. 307--Committee on Human Resources
                  and Facilities

                  March 24, 1995
                 _____________


        Referred to Committee on Judiciary


SUMMARY--Makes various changes to provisions 
          governing adoption or relinquishment of 
          child. (BDR 11-300)

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; creating a presumption of knowledge of 
        the conception and birth of a child; prohibiting the natural 
        father of a child born out of wedlock from preventing the 
        adoption or relinquishment of the child under certain 
        circumstances; requiring the natural father to take certain 
        actions to preserve his parental rights if he receives notice 
        of his paternity; 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.  Chapter 127 of NRS is hereby 
amended by adding thereto the provisions set forth as 
sections 2 to 5, inclusive, of this act.
  Sec. 2.  \For the purposes of this 
chapter, a person who engages in the act of sexual 
intercourse shall be presumed to know of the existence of a 
pregnancy and birth of a child which results from that act.
  \\Sec. 3.  \1.  If a child is conceived or born 
out of wedlock, the natural mother may give written notice 
of paternity, on a form provided by the state registrar of 
vital statistics, to the natural father of the child at any 
time after the conception or birth of the child. The notice 
must include:
  (a) The name of the natural mother.
  (b) A prominent statement in substantially the following 
form: 

      You have been identified as the natural father of the 
    child born, or to be born, to 
    .....................(name of the natural 
    mother)..................... In accordance with section 
    3 of this act, if you wish to establish or preserve your 
    parental rights concerning this child, you must, within 
    30 days after this notice has been served, file a 
    written acknowledgment of paternity with the state 
    registrar of vital statistics or initiate a civil action 
    to determine the paternity of the child. If you fail to 
    act within 30 days, any parental right which you may 
    have relating to the adoption of the child will be 
    terminated.
    
  (c) A copy of the provisions of subsections 2 and 3.
  2.  To establish or preserve his parental rights, the 
natural father must, within 30 days after receiving a notice 
of paternity pursuant to this section, file an 
acknowledgment of paternity with the state registrar of 
vital statistics in accordance with NRS 126.051, or initiate 
a civil action to determine the paternity of the child. The 
petition initiating the action must include an affidavit 
which states that the natural father is:
  (a) Willing and able to assume parental responsibility 
for the child, including a description of the manner in 
which he is willing to provide primary care for the child, 
if necessary; and
  (b) Willing to make any such payments, to the extent of 
his financial resources, for the support of the child and 
for expenses reasonably related to the mother's pregnancy 
and the birth of the child as the court may order.
  3.  Unless the natural father files an acknowledgment of 
paternity or initiates a civil action to determine the 
paternity of the child, notice of paternity given pursuant 
to this section must be used solely for the purpose of 
determining if the natural father's consent is needed for 
the adoption or relinquishment of the child.
  \\Sec. 4.  \1.  Except as otherwise provided in 
NRS 127.090, if a child to be adopted is born out of 
wedlock, written consent to the specific adoption proposed 
by the petition or for relinquishment to an agency 
authorized to accept relinquishments, acknowledged by the 
person consenting, is required from:
  (a) The natural mother of the child; and
  (b) The natural father of the child upon a showing by the 
natural father that he has developed a substantial 
relationship with and assumed parental responsibility for 
the child.
  2.  A showing by a natural father that he has developed a 
substantial relationship with and assumed parental 
responsibility for the child must include evidence that the 
natural father:
  (a) Has made payments for the support of the child, or has 
made a bona fide effort to make such payments, to the mother 
or guardian of the child which are reasonable and consistent 
with the financial resources of the natural father. If a 
court has ordered payments of support, the natural father 
must demonstrate compliance with that order.
  (b) Has visited the child on a regular basis, unless the 
natural father is denied visitation by the person or agency 
having lawful custody of the child.
  (c) Has communicated with the child or the person or 
authorized agency having lawful custody of the child on a 
regular basis, unless that person or agency prevents that 
communication.
  (d) Has filed a written acknowledgment of paternity with 
the state registrar of vital statistics or initiated a civil 
action to determine the paternity of the child, including an 
affidavit attesting to his willingness and capability of 
assuming primary care of the child, not later than 30 days 
after receiving notice of the adoption or relinquishment.
  (e) If the petition for adoption or relinquishment is 
filed before the child reaches 6 months of age, has 
made payments which are in accordance with the financial 
resources of the natural father, for the expenses incurred 
by the mother which are reasonably related to the pregnancy, 
birth of the child and care of the child after birth. If the 
mother or legal guardian of the child refuses to accept such 
payments, the father shall establish, and pay the money 
into, an escrow account.
  (f) Has taken any other action which demonstrates that the 
natural father is willing and able to assume primary care of 
the child.
  \\Sec. 5.  \1.  Any notice provided pursuant to 
NRS 127.123 must contain:
  (a) The caption of the petition.
  (b) The address and telephone number of the court in which 
the petition is pending.
  (c) The name, mailing address and telephone number of the 
petitioner or his attorney.
  (d) A concise summary of the relief requested.
  (e) A prominent statement in substantially the following 
form: 

      The petitioner has reason to believe that you may have 
    parental rights concerning ....................(person 
    to be adopted).................... You must file a 
    written appearance in the court in which this petition 
    for adoption or relinquishment has been filed within 20 
    days after you are served with this notice to 
    participate in and receive further notice of this 
    proceeding, including notice of the time and place of 
    any hearing relating to your parental rights. If you 
    fail to respond to this notice in a timely manner, any 
    parental rights that you may have will be terminated.
    
  (f) Any other statement required by the Nevada Rules of 
Civil Procedure or the court in which the petition for 
adoption or relinquishment to an agency authorized to accept 
relinquishments has been filed.
  2.  The petitioner or the person to be adopted, or his 
legal guardian, may use a pseudonym in this notice for the 
petitioner or the person to be adopted, or both.
  \\Sec. 6.  NRS 127.005 is hereby amended to read 
as follows:
  127.005  \1.  \\The provisions of NRS 127.010 to 
127.186, inclusive, \and sections 2 to 5, inclusive, of 
this act,\\ govern the adoption of minor children 
\.\\ [, and the]
  \2.  The\\ provisions of NRS 127.190 to 127.210, 
inclusive, and the provisions of NRS 127.010 to 127.186, 
inclusive, \and sections 2 to 5, inclusive, of this 
act,\\ where not inconsistent with the provisions of NRS 
127.190 to 127.210, inclusive, govern the adoption of 
adults.
  Sec. 7.  NRS 127.020 is hereby amended to read 
as follows:
  127.020  A minor child may be adopted by an adult person 
\,\\ [in the cases and] subject to the rules 
prescribed in this chapter. The person adopting a child must 
be at least 10 years older than the person adopted 
\.\\ [, and the consent of the child, if over the 
age of 14 years, is necessary to its adoption.]
  Sec. 8.  NRS 127.040 is hereby amended to read 
as follows:
  127.040  1.  Except as \otherwise\\ provided in 
NRS 127.090 [,] \and section 4 of this act,\\ 
written consent to the specific adoption proposed by the 
petition or for relinquishment to an agency authorized to 
accept relinquishments acknowledged by the person or persons 
consenting, is required from:
  (a) Both parents if both are living;
  (b) One parent if the other is dead; or
  (c) The guardian of the person of a child appointed by a 
court of competent jurisdiction.
  2.  [Consent is not required of a parent who has been 
adjudged insane for 2 years if the court is satisfied by 
proof that such insanity is incurable.] \Except as 
otherwise provided in NRS 127.090, written consent to the 
proposed adoption is required of the person to be adopted if 
that person is over 12 years of age.\\
  Sec. 9.  NRS 127.090 is hereby amended to read 
as follows:
  127.090  [Consent of a parent] \The court shall not 
require the consent of the following persons\\ to an 
adoption [shall not be necessary where] \:
  1.  A person whose consent is not otherwise required 
pursuant to NRS 127.040 or section 4 of this act.
  2.  A person whose\\ parental rights have been 
terminated by an order of a court of competent jurisdiction.
  \3.  A person who has executed a lawful consent to 
the adoption pursuant to the provisions of this chapter.
  4.  A parent who has been adjudicated insane for 2 years 
if the court is satisfied by proof that the insanity is 
incurable.
  5.  A natural father whose parental rights have not been 
terminated and who executes a notarized statement which:
  (a) Denies his paternity of or disclaims any interest in 
the child; and
  (b) Acknowledges that the execution of this statement 
denying paternity is not a bar to an action to determine 
paternity or for payments for the support of the child if 
the child is not adopted.
  6.  The personal representative of the estate of a 
deceased parent.
  7.  A child who is 12 years of age or older if the court 
determines that requiring the consent would not be in the 
best interest of the child.
  \\Sec. 10.  NRS 127.123 is hereby amended to 
read as follows:
  127.123  [Notice]
  \1.  Unless notice has been waived, notice\\ of 
the filing of a petition for the adoption of a child 
\or for relinquishment to an agency authorized to 
accept relinquishments\\ must be provided to [the legal 
custodian or guardian of the child if that custodian or 
guardian is a person other than the natural parent of the 
child.] \:
  (a) Each person or agency whose consent is required 
pursuant to NRS 127.040 and section 4 of this act;
  (b) Each person who would be presumed to be the natural 
parent of the child pursuant to NRS 126.051 and who would 
not otherwise receive notice pursuant to paragraph (a);
  (c) The person who is listed on the birth certificate of 
the child as being the father of the child and who would not 
otherwise receive notice pursuant to paragraph (a) or (b);
  (d) The person who is the legal guardian or who has legal 
or physical custody of the child, if that person is not the 
natural parent of the child;
  (e) The spouse of the petitioner, if he has not joined in 
the petition;
  (f) The spouse, if any, of the person to be adopted; and
  (g) The grandparent of the child if the grandparent's 
child is the deceased parent of the child to be adopted, 
and, before death, the deceased parent had not executed a 
consent to adoption or for relinquishment, or the parental 
rights of the deceased parent have not been otherwise 
terminated.
  2.  Notice provided to any person pursuant to paragraphs 
(b) to (g), inclusive, of subsection 1 must be used solely 
for the purpose of determining if that person's consent is 
needed for the adoption or relinquishment.\\
  Sec. 11.  NRS 128.150 is hereby amended to 
read as follows:
  128.150  1.  If a mother relinquishes or proposes to 
relinquish for adoption a child who has:
  (a) A presumed father under subsection 1 of NRS 126.051;
  (b) A father whose relationship to the child has been 
determined by a court; or
  (c) A father as to whom the child is a legitimate child 
under chapter 126 of NRS, under prior law of this state or 
under the law of another jurisdiction,
and the father has not consented to the adoption of the 
child or relinquished the child for adoption, a proceeding 
must be brought pursuant to this chapter and a determination 
made of whether a parent and child relationship exists and 
if so, if it should be terminated.
  2.  If a mother relinquishes or proposes to relinquish for 
adoption a child who does not have:
  (a) A presumed father under subsection 1 of NRS 126.051;
  (b) A father whose relationship to the child has been 
determined by a court;
  (c) A father as to whom the child is a legitimate child 
under chapter 126 of NRS, under prior law of this state or 
under the law of another jurisdiction; or
  (d) A father who can be identified in any other way,
or if a child otherwise becomes the subject of an adoption 
proceeding, the agency or person to whom the child has been 
or is to be relinquished, or the mother or the person having 
custody of the child, shall file a petition in the district 
court to terminate the parental rights of the father, unless 
the father's relationship to the child has been previously 
terminated or determined not to exist by a court.
  3.  In an effort to identify and protect the interests of 
the natural father, the court which is conducting a 
proceeding pursuant to this chapter shall cause inquiry to 
be made of the mother and any other appropriate person. The 
inquiry must include the following:
  (a) Whether the mother was married at the time of 
conception of the child or at any time thereafter.
  (b) Whether the mother was cohabiting with a man at the 
time of conception or birth of the child.
  (c) Whether the mother has received support payments or 
promises of support with respect to the child or in 
connection with her pregnancy.
  (d) Whether any man has formally or informally 
acknowledged or declared his possible paternity of the 
child.
  4.  If, after the inquiry, the natural father is 
identified to the satisfaction of the court, or if more than 
one man is identified as a possible father, each must be 
given notice of the proceeding in accordance with subsection 
[6 of this section] \7\\ or with this chapter, as 
applicable. If any of them fails to appear or, if appearing, 
fails to claim custodial rights, such failure constitutes 
abandonment of the child. If the natural father or a man 
representing himself to be the natural father, claims 
custodial rights, the court shall proceed to determine 
custodial rights.
  5.  \The court shall issue an order to terminate the 
parental rights of a natural father if:
  (a) Within 30 days after receiving notice of paternity 
pursuant to section 3 of this act, he has not filed an 
acknowledgment of paternity or initiated a civil action to 
determine the paternity of the child;
  (b) Within 20 days after receiving notice pursuant to NRS 
127.123, he has not filed a written appearance in the court 
in which the adoption or relinquishment is pending;
  (c) Within 30 days after the petition for adoption or 
relinquishment is filed, regardless of whether he received 
notice pursuant to, or complied with the provisions of, 
section 3 of this act or NRS 127.123, he has not developed a 
substantial relationship with and assumed parental 
responsibility toward the child in accordance with the 
provisions of section 4 of this act; or
  (d) The mother presents evidence sufficient to establish 
that the child was conceived through an act of rape or 
incest.
  6.  \\If, after the inquiry, the court is unable to 
identify the natural father or any possible natural father 
and no person has appeared claiming to be the natural father 
and claiming custodial rights, the court shall enter an 
order terminating the unknown natural father's parental 
rights with reference to the child. Subject to the 
disposition of any appeal, upon the expiration of 6 months 
after an order terminating parental rights is issued under 
this subsection [,] \or subsection 5,\\ or this 
chapter, the order cannot be questioned by any person in any 
manner or upon any ground, including fraud, 
misrepresentation, failure to give any required notice or 
lack of jurisdiction of the parties or of the subject 
matter.
  [6.] \7.\\  Notice of the proceeding must be 
given to every person identified as the natural father or a 
possible natural father in the manner provided by law and 
the Nevada Rules of Civil Procedure for the service of 
process in a civil action, or in any manner the court 
directs. Proof of giving the notice must be filed with the 
court before the petition is heard.
  \8.  For the purposes of this section, a person who 
engages in the act of sexual intercourse shall be presumed 
to know of the existence of a pregnancy and birth of a child 
which results from that act.
  \\Sec. 12.  NRS 432B.580 is hereby amended to 
read as follows:
  432B.580  1.  Except as otherwise provided in this 
section, if a child is placed pursuant to NRS 432B.550 other 
than with a parent, the placement must be reviewed by the 
court at least semiannually. Unless the parent, guardian or 
the custodian objects to the referral, the court may enter 
an order directing that the placement be reviewed by a panel 
appointed pursuant to NRS 432B.585.
  2.  An agency acting as the custodian of the child shall, 
before any hearing for review of the placement of a child, 
submit a report to the court, or to the panel if it has been 
designated to review the matter, which includes an 
evaluation of the progress of the child and his family and 
any recommendations for further supervision, treatment or 
rehabilitation. A copy of the report must be given to the 
parents, the guardian ad litem and the attorney, if any, 
representing the parent or the child.
  3.  The court or the panel shall hold a hearing to review 
the placement, unless the parent, guardian or the custodian 
files a motion with the court to dispense with the hearing. 
If the motion is granted, the court or panel may make its 
determination from any report, statement or other 
information submitted to it.
  4.  Notice of the hearing must be given by registered or 
certified mail to all parties of any of the prior 
proceedings, except a parent whose rights have been 
terminated pursuant to chapter 128 of NRS or who has 
voluntarily relinquished the child for adoption pursuant to 
NRS 127.040 [.] \or section 4 of this act.\\
  5.  The court or panel may require the presence of the 
child at the hearing.
  6.  The court or panel shall review:
  (a) The continuing necessity for and appropriateness of 
the placement;
  (b) The extent of compliance with the plan submitted 
pursuant to subsection 2 of NRS 432B.540;
  (c) Any progress which has been made in alleviating the 
problem which resulted in the placement of the child; and
  (d) The date the child may be returned to his home or 
placed for adoption or under a legal guardianship.
  Sec. 13.  NRS 432B.590 is hereby amended to 
read as follows:
  432B.590  1.  Except as otherwise provided in NRS 
432B.600, the court shall hold a hearing concerning the 
permanent placement of the child no later than 18 months 
after the most recent removal of the child from his home and 
annually thereafter. Notice of this hearing must be given by 
registered or certified mail to all parties of the 
dispositional proceeding, except a parent whose rights have 
been terminated pursuant to chapter 128 of NRS or who has 
voluntarily relinquished the child for adoption pursuant to 
NRS 127.040 [.] \or section 4 of this act.\\
  2.  The court may require the presence of the child at the 
hearing.
  3.  At the hearing the court shall establish a plan for 
the permanent placement of the child and determine whether:
  (a) The child should be returned to his parents or other 
relatives;
  (b) The child's placement in the foster home or other 
similar institution should be continued; or
  (c) In the best interests of the child, proceedings to:
    (1) Terminate parental rights pursuant to chapter 128 of 
NRS so that the child can be placed for adoption; or
    (2) Establish a guardianship pursuant to chapter 159 of 
NRS, should be initiated.
  4.  This hearing may take the place of the hearing for 
review required by NRS 432B.580\\

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