COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2070
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 8-106, Arizona Revised Statutes, is amended to read:
8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers
A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:
1. The child's birth or adoptive mother, if living.
2. The child's father if any of the following is true:
(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth unless his paternity is excluded or another man's paternity is established pursuant to title 25, chapter 6, article 1.
(b) The father has adopted the child.
(c) The father's paternity is established under title 25, chapter 6, article 1 or section 36-334.
3. A child who is twelve years of age or older and who gives consent in open court.
4. Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child's adoption.
5. An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.
6. The guardian of any adult parent for whom a guardian is currently appointed.
7. The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption. The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child's best interest.
B. It is not necessary for a person to obtain consent to adopt from the following:
1. An adult parent for whom a guardian is currently appointed.
2. A parent whose parental rights have been terminated by court order.
3. A parent who has previously consented to an agency's or the division's placement of the child for adoption.
4. A person whose consent is not required under subsection A of this section.
C. The minority of the child or parent does not affect the child's or parent's competency to give consent in the instances set forth in this section.
D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.
E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement granting permission or withholding permission for the child being adopted, when the child reaches eighteen years of age, to obtain identifying and nonidentifying information about the child and the consenting birth parent. The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant permission or withhold permission may be changed at any time by filing a notarized statement with the court. The most recent notarized statement shall operate as consent for the court to grant or withhold identifying and nonidentifying information. that acknowledges that when the child being adopted reaches eighteen years of age, the child may obtain a copy of the child's original birth certificate as provided in section 36-340. the birth parent shall also Submit the contact preference form prescribed in section 36-340 to the agency, division or attorney for filing with the court.
F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.
G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall be substantially in the form prescribed in subsection I of this section and shall inform the potential father of all of the following:
1. That adoption is planned.
2. The potential father's right to consent or withhold consent to the adoption.
3. The potential father's responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, and to serve the mother within thirty days of completion of service.
4. The potential father's responsibility to proceed to judgment in the paternity action.
5. The potential father's right to seek custody.
6. The potential father's responsibility to begin to provide financial support for the child if paternity is established.
7. That the potential father's failure to file a paternity action pursuant to title 25, chapter 6, article 1, and to serve the mother and proceed to judgment in the paternity action as prescribed by this section, bars the potential father from bringing or maintaining any action to assert any interest in the child.
H. Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother. A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit. Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action. Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.
I. The notice required pursuant to subsection G of this section shall be in substantially the following form:
Notice is given to _______________ that you have been identified by ______________________, the natural mother, as a potential father of a child to be born or, born on _____________, in _________.
You are informed of the following:
1. ________________, the natural mother, plans to place the child for adoption.
2. Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.
3. Your written consent to the adoption is irrevocable once you give it.
4. If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.
5. You have the obligation to proceed to judgment in the paternity action.
6. You have the right to seek custody.
7. If you are established as the child's father, you must begin to provide financial support for the child.
8. If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.
9. The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.
10. For the purposes of service of a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, service may be made on the mother at _____________ or her agency or attorney at ___________.
11. You may wish to consult with an attorney to assist you in responding to this notice.
J. A potential father who fails to file a paternity action and who does not serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required."
Renumber to conform
Page 2, between lines 11 and 12, insert:
"Sec. 3. Section 8-534, Arizona Revised Statutes, is amended to read:
8-534. Contents of petition
A. The petition for the termination of the parent-child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:
1. The name and place of residence of the petitioner.
2. The name, sex, date and place of birth and residence of the child.
3. The basis for the court's jurisdiction.
4. The relationship of the petitioner to the child or the fact that no relationship exists.
5. The names, addresses and dates of birth of the parents, if known.
6. The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.
7. The grounds on which termination of the parent-child relationship is sought.
8. The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.
B. Beginning January 1, 1993, Whenever possible the court upon on terminating the parental rights of a birth parent in a termination of parental rights proceeding shall obtain from the birth parent a notarized statement granting or withholding that does both of the following:
1. Acknowledges that when the person who is the subject of the termination of parental rights proceeding reaches eighteen years of age, the person may obtain a copy of the person's original birth certificate as provided in section 36-340.
2. Grants or withholds consent for the person who is the subject of the termination of parental rights proceeding to review adoption records, if the person is subsequently adopted, when such the person is twenty-one reaches eighteen years of age or older.
C. A copy of any relinquishment or consent and the notarized consent pursuant to section 8-106, subsection F, if any, previously executed by the parent shall be attached to the petition."
Renumber to conform
Page 2, between lines 19 and 20, insert:
"Sec. 5. Section 36-336, Arizona Revised Statutes, is amended to read:
36-336. Adoption certificate
A. For an adoption of a person born in this state, a state court shall submit to the state registrar an adoption certificate on a form approved by the state registrar or pursuant to a court order that includes:
1. Information required by rule about the adoptive father and adoptive mother.
2. Information required by rule about the child being adopted.
3. A statement by the court that the information on the adoption certificate is accurate.
4. The contact preference form prescribed in section 36-340.
B. For an adoption of a person born in this state and ordered by a court in another state, the state registrar shall accept an order for an adoption or an adoption certificate that contains the information in subsection A.
C. If a court modifies a court order for adoption, the state registrar shall follow the procedures in this chapter for amending a registered certificate.
D. By the tenth day of each month, a court in this state shall submit to the state registrar all adoption certificates, court orders for adoption and court orders for modification of adoption for the preceding month.
E. When the state registrar receives an adoption certificate, a court order for adoption, a change to a court order for adoption or an annulment of an adoption for a person born in another state, the state registrar shall send the document to the appropriate registration authority in the state where the person was born."
Renumber to conform
Page 4, line 6, after "A." insert "From and after December 31, 2021 and except as provided in subsection I of this section,"
Line 23, after "shall" strike remainder of line
Strike lines 24 through 28, insert "Do all of the following:
1. indicate if the birth parent wants to do any of the following:
(a) Be contacted by the individual who receives the copy of the original birth certificate. If the birth parent wants to be contacted, the birth parent shall include the birth parent's current name, address and telephone number in addition to any other contact information the birth parent wishes to include.
(b) Be contacted only through an intermediary. If the birth parent wants to be contacted through an intermediary, the birth parent shall include the intermediary's name and telephone number.
(c) Not be contacted. The form shall indicate that the birth parent May change the contact preference to allow direct contact or contact through an intermediary by filing an amended contact preference form."
Line 29, after "2." insert "Indicate if the birth parent"
Between lines 30 and 31, insert:
"3. Include the FOLLOWING information:
(a) The name of the child on the original birth certificate.
(b) The date of birth and sex of the child.
(c) The city or town, county and name of the hospital in which the child was born.
(d) The mother's name as shown on the original birth certificate.
(e) The name of the attorney or agency that placed the child for adoption or that the department placed the child for adoption.
(f) Whether the person filling out the form is the birth mother or birth father of the child."
Page 4, after line 40, insert:
"H. The department shall publicize the requirements of this section.
I. The state registrar may not provide to an individual a copy of the individual's original birth certificate that has been sealed due to an adoption, if the individual was born from and after June 20, 1968 and before the effective date of this section.
Sec. 8. Appropriation; department of health services
The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2021-2022 to the department of health services for the implementation of this act."
Amend title to conform