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 affidavit must be notarized, witnessed, and include specific statements regarding the understanding of the consequences of terminating parental rights. Additionally, the bill stipulates that the affidavit can be executed by the father before the child's birth or by either parent within 120 hours after birth, with certain revocation rights depending on the timing of execution.

Furthermore, the bill permits payments to be made to licensed out-of-state private child placing agencies for services related to adoption, expanding the current law that only allows payments to in-state agencies. This change aims to facilitate adoption processes across state lines while ensuring compliance with the federal Indian Child Welfare Act. The bill also mandates that agencies provide 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 decisions.

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