Senate Bill 79 introduces a new process for parents to disclaim their parental rights for children under one year of age without needing to appear in court. This bill allows a mother, father, or alleged or presumed father to file a written affidavit to terminate their parental rights, provided that no participant in the court proceeding knows or has reason to know that the child is an Indian child. The bill outlines specific requirements for the affidavit, including that it must be witnessed and notarized, and it must include a statement acknowledging the understanding of the consequences of terminating parental rights. Additionally, the bill stipulates that the affidavit can be executed by the father or alleged father before the child's birth, while the mother can only execute it after the child is born and within a specified timeframe. The disclaimer is revocable under certain conditions, and the court must review the affidavit to ensure it meets all requirements.

Furthermore, the bill allows for payments to be made to licensed out-of-state private child placing agencies for services related to adoption, which expands the current law that only permits payments to in-state agencies. This change aims to facilitate the adoption process by providing more options for prospective adoptive parents. The bill also mandates that agencies offer counseling and legal counseling to individuals disclaiming their parental rights before they execute the affidavit, ensuring that they are fully informed of their rights and the implications of their decision.

Statutes affected:
Bill Text: 48.41(1), 48.41