Report Title:

Adoption; Withdrawal of Consent

Description:

Establishes a presumption that consent to the adoption given by the mother of the child within      days of birth is invalid.  Prohibits the mother of a child to consent to adoption before birth of the child.

HOUSE OF REPRESENTATIVES	H.B. NO.	1694
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to adoption.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 571-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Relinquishment.  The parents or either parent or the surviving parent who desire to relinquish parental rights to any natural or adopted child and thus make the child available for adoption or readoption, may petition the family court of the circuit in which they or he or she resides, or of the circuit in which the child resides, or was born, for the entry of a judgment of termination of parental rights.  The petition shall be verified and shall be substantially in such form as may be prescribed by the judge or senior judge of the family court.  The petition may be filed at any time following the [mother's sixth month of pregnancy; provided that no judgment may be entered upon a petition concerning an unborn child until after the birth of the child and in respect to a legal parent or parents until the petitioner or petitioners have filed in the termination proceeding a written reaffirmation of their desires as expressed in the petition or in respect to a legal parent or parents until the petitioner or petitioners have been given not less than ten days' notice of a proposal for the entry of judgment and an opportunity to be heard in connection with such proposal.] birth of the child."

     SECTION 2.  Section 578-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Persons required to consent to adoption.  Unless consent is not required or is dispensed with under subsection (c) hereof, a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:

     (1)  The mother of the child; provided that consent by the mother of the child:

(A) Cannot be executed before birth of the child; and

(B) Given within      days of the birth of the child is presumptively invalid;

     (2)  A legal father as to whom the child is a legitimate child;

     (3)  An adjudicated father whose relationship to the child has been determined by a court;

     (4)  A presumed father under section 578-2(d);

     (5)  A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern or responsibility as to the welfare of a child, either:

         (A)  During the first thirty days after such child's birth; or

         (B)  Prior to the execution of a valid consent by the mother of the child; or

         (C)  Prior to the placement of the child with adoptive parents;

          whichever period of time is greater;

     (6)  Any person or agency having legal custody of the child or legally empowered to consent;

     (7)  The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption;

     (8)  The child to be adopted if more than ten years of age, unless the court in the best interest of the child dispenses with the child's consent."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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