Assembly Bill No. 28–Assemblyman Anderson

 

Prefiled January 29, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Provides procedure for parties to adoption to enter into enforceable agreement for post-adoptive contact. (BDR 11‑207)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to adoption; providing a procedure for parties to an adoption to enter into an enforceable agreement that provides for post-adoptive contact; providing the procedure to modify such an agreement; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 127 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  The natural parent or parents and prospective

1-4  adoptive parent or parents of a child to be adopted may enter into

1-5  an enforceable agreement that provides for post-adoptive contact

1-6  between:

1-7  (a) The child and his natural parent or parents;

1-8  (b) The adoptive parent or parents and the natural parent or

1-9  parents; or

1-10      (c) Any combination thereof.

1-11      2.  An agreement for post-adoptive contact must be included

1-12  in an order or decree of adoption and must include, without

1-13  limitation, a provision specifying that:

1-14      (a) Each party to the agreement agrees to the continuing

1-15  jurisdiction of the court;

2-1  (b) Each party to the agreement acknowledges that any party

2-2  to the agreement may seek enforcement of the terms of the

2-3  agreement in court;

2-4  (c) The court may award costs and attorney’s fees to the

2-5  prevailing party in an action seeking enforcement of the

2-6  agreement; and

2-7  (d) The agreement for post-adoptive contact terminates and is

2-8  no longer enforceable on the date on which the adopted child

2-9  attains the age of 18 years or upon the date on which the adopted

2-10  child becomes emancipated.

2-11      3.  The identity of a natural parent who is a party to an

2-12  agreement for post-adoptive contact is not required to be included

2-13  in the agreement.  If such information is withheld, an agent who

2-14  may receive service of process for the parent must be provided in

2-15  the agreement.

2-16      4.  An agreement for post-adoptive contact that is included in

2-17  an order or decree of adoption creates a rebuttable presumption

2-18  that the contact provided for in the agreement is in the best

2-19  interests of the child.

2-20      5.  Failure to comply with the terms of an agreement for post-

2-21  adoptive contact may not be used as the grounds to:

2-22      (a) Set aside an order or decree of adoption; or

2-23      (b) Revoke, nullify or set aside a valid release for or consent to

2-24  an adoption or a relinquishment for adoption.

2-25      Sec. 3.  An agreement that provides for post-adoptive contact,

2-26  entered into pursuant to section 2 of this act, may be modified by

2-27  applying to the court that issued the order which included the

2-28  agreement.  The court may grant a request to modify the

2-29  agreement only if:

2-30      1.  The party requesting the modification establishes a change

2-31  in circumstances that warrants the modification and establishes

2-32  that the agreement is no longer in the best interests of the child; or

2-33      2.  Each party to the agreement consents to the modification.

2-34      Sec. 4.  NRS 127.005 is hereby amended to read as follows:

2-35      127.005  The provisions of NRS 127.010 to 127.186, inclusive,

2-36  and sections 2 and 3 of this act, govern the adoption of minor

2-37  children, and the provisions of NRS 127.190, 127.200 and 127.210

2-38  and the provisions of NRS 127.010 to 127.186, inclusive, where not

2-39  inconsistent with the provisions of NRS 127.190, 127.200 and

2-40  127.210, govern the adoption of adults.

2-41      Sec. 5.  NRS 127.171 is hereby amended to read as follows:

2-42      127.171  1.  [In] Except as otherwise provided in section 2 of

2-43  this act, in a proceeding for the adoption of a child, the court may

2-44  grant a reasonable right to visit to certain relatives of the child only

3-1  if a similar right had been granted previously pursuant to

3-2  NRS 125C.050.

3-3  2.  The court may not grant a right to visit the child to any

3-4  person other than as specified in subsection 1.

 

3-5  H