Text: SF00359 Text: SF00361 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 600.3, subsection 2, Code 2001, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. c. A termination of parental rights order
1 4 is not required prior to the filing of an adoption petition if
1 5 the adoption is a standby adoption as defined in section
1 6 600.14A.
1 7 Sec. 2. Section 600.6, Code 2001, is amended by adding the
1 8 following new subsection:
1 9 NEW SUBSECTION. 5. In the case of a standby adoption as
1 10 defined in section 600.14A, a form completed by the terminally
1 11 ill parent consenting to termination of parental rights and
1 12 adoption of the child by a person or persons specified in the
1 13 consent form, effective at a future date when the terminally
1 14 ill parent of the child has died or requests that a final
1 15 adoption decree be issued.
1 16 Sec. 3. Section 600.13, subsection 1, Code 2001, is
1 17 amended by adding the following new paragraph after paragraph
1 18 "b" and relettering the subsequent paragraph:
1 19 NEW PARAGRAPH. bb. Issue a standby adoption decree
1 20 pursuant to section 600.14A.
1 21 Sec. 4. NEW SECTION. 600.14A STANDBY ADOPTION.
1 22 1. As used in this section:
1 23 a. "Standby adoption" means an adoption in which a
1 24 terminally ill parent consents to termination of parental
1 25 rights and the issuance of a final adoption decree effective
1 26 upon the occurrence of a future event, which is either the
1 27 death of the terminally ill parent or the request of the
1 28 parent for the issuance of a final adoption decree.
1 29 b. "Terminally ill parent" means an individual who has a
1 30 medical prognosis by a licensed physician that the individual
1 31 has an incurable and irreversible condition which will lead to
1 32 death.
1 33 2. A terminally ill parent may consent to termination of
1 34 parental rights and adoption of a child under a standby
1 35 adoption if the other parent of the child is not living or the
2 1 other parent has previously had the parent's parental rights
2 2 terminated.
2 3 3. A person who meets the qualifications to file an
2 4 adoption petition pursuant to section 600.4 may file a
2 5 petition for standby adoption. A standby adoption shall
2 6 comply with the requirements of sections 600.7 through 600.12.
2 7 However, the court may order that the completion of placement
2 8 investigations and reports be expedited based on the
2 9 circumstances of a particular case. The court may waive the
2 10 minimum residence period requirement pursuant to section
2 11 600.10 to expedite the standby adoption if necessary.
2 12 4. If a consent to a standby adoption is attached to an
2 13 adoption petition pursuant to section 600.6, the court
2 14 determines that the requirements of this chapter relative to a
2 15 standby adoption are met, and the court determines that the
2 16 standby adoption is in the best interest of the child to be
2 17 adopted, the court shall issue a standby adoption decree or a
2 18 final adoption decree. However, the terminally ill parent's
2 19 parental rights shall not be terminated and the standby
2 20 adoption shall not be finalized until the death of the
2 21 terminally ill parent or the request of the terminally ill
2 22 parent for issuance of the final adoption decree.
2 23 5. A standby adoption decree shall become final upon
2 24 notice of the death of the terminally ill parent or upon the
2 25 terminally ill parent's request that a final adoption decree
2 26 be issued. If the court determines at the time of the notice
2 27 or request that the standby adoption is still in the best
2 28 interest of the child, the court shall issue a final adoption
2 29 decree.
2 30 EXPLANATION
2 31 This bill provides for the issuance of a standby adoption
2 32 decree. The bill specifies the procedure for filing a
2 33 petition for a standby adoption and specifies the provisions
2 34 applicable to a standby adoption. A standby adoption is an
2 35 adoption in which a terminally ill parent consents to
3 1 termination of parental rights and the issuance of a final
3 2 adoption decree effective upon the occurrence of a future
3 3 event which is either the death of the parent or the request
3 4 of the parent for the issuance of a final adoption decree.
3 5 The court is to issue a final adoption decree for a standby
3 6 adoption if the requirements applicable to a standby adoption
3 7 are met and the standby adoption is in the best interest of
3 8 the child to be adopted. The terminally ill parent's parental
3 9 rights are not terminated and the standby adoption does not
3 10 become final until the terminally ill parent dies or requests
3 11 that the final adoption decree be issued.
3 12 LSB 2994SS 79
3 13 pf/pj/5
Text: SF00359 Text: SF00361 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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