ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
__________________________
To amend Chapter 3 of Title 16 of the District of Columbia Official Code to provide expedited
adoption proceedings for a couple who uses assisted reproductive technology to produce
a child of their union, to require each intended parent to join in a petition for expedited
adoption and furnish specific information to be included in such petition, to require the
attachment of certain exhibits to the petition, to provide that the court shall not require a
home study or criminal background check on the petitioners seeking an expedited
adoption, to require the court to issue 4 copies of the final decree of adoption to the
petitioners at no additional cost, and to make technical and conforming changes; to
amend the Prevention of Child Abuse and Neglect Act of 1977 to make conforming
changes; and to amend the Vital Records Modernization Amendment Act of 2018 to
make conforming changes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Expedited Adoption Eligibility Amendment Act of 2022.
Sec. 2. Chapter 3 of Title 16 of the District of Columbia Official Code is amended as
follows:
(a) The table of contents is amended by adding a new section designation to read as
follows:
16-318. Expedited adoption eligibility..
(b) Section 16-302 is amended by striking the phrase if he has one, joins in the petition,
except that if either the husband or wife is a natural parent of the prospective adoptee, the natural
parent need not join in the petition with the adopting parent, but need only give his or her
consent and inserting the phrase if the petitioner has one, joins in the petition, except if either
spouse is a natural parent of the prospective adoptee, the natural parent need not join in the
petition with the adopting parent, but need only give consent in its place.
(c) Section 16-304(b)(1) is amended by striking the phrase if he is fourteen years and
inserting the phrase if the prospective adoptee is fourteen years in its place.
(d) Section 16-305 is amended as follows:
(1) Paragraph (4) is repealed.
(2) Paragraph (5) is repealed.
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(e) Section 16-307 is amended as follows:
(1) Subsection (a) is amended by striking the phrase section 16-308 and
inserting the phrase 16-308 and 16-318 in its place.
(2) Subsection (b)(1)(B) is amended by striking the phrase whether he is and
inserting the phrase whether the prospective adoptee is in its place.
(f) Section 16-308 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase may
dispense and inserting the phrase shall dispense in its place.
(B) Paragraph (1) is amended by striking the phrase ; or and inserting a
semicolon in its place.
(C) Paragraph (2) is amended by striking the period and inserting the
phrase ; or in its place.
(D) A new paragraph (3) is added to read as follows:
(3) A petition for expedited adoption is filed pursuant to 16-318..
(2) Subsection (b) is repealed.
(g) Section 16-309 is amended as follows:
(1) Subsection (b-1) is amended by striking the phrase the Mayor that he will
and inserting the phrase the Mayor that the Mayor will in its place.
(2) Subsection (c)(2) is amended by striking the phrase if he or she is and
inserting the phrase if the prospective adoptee is in its place.
(h) Section 16-312(a) is amended by striking the phrase representative of his adoptive
parent or parents in the same manner as a child by birth, and upon the death of an adoptee
intestate, his property shall pass and be distributed in the same manner as if the adoptee had been
born to the adopting parent or parents in lawful wedlock. All rights and duties including those of
inheritance and succession between the adoptee, his natural parents, their issue, collateral
relatives, and so forth, are cut off, except that when one of the natural parents is the spouse of the
adopter, the rights and relations as between adoptee, that natural parent, and his parents and
inserting the phrase representative of the adoptive parent in the same manner as a child by birth,
and upon the death of an adoptee intestate, the adoptees property shall pass and be distributed in
the same manner as if the adoptee had been born to the adopting parent in lawful wedlock. All
rights and duties including those of inheritance and succession between the adoptee, the
adoptees natural parents, their issue, collateral relatives, and so forth, are cut off, except that
when one of the natural parents is the spouse of the adopter, the rights and relations as between
adoptee, that natural parent and the adoptees parents, in its place.
(i) Section 16-314(c) is amended by striking the phrase furnish him and inserting the
phase furnish the adopter in its place.
(j) A new section 16-318 is added to read as follows:
16-318. Expedited adoption eligibility.
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(a) Intended parents that use assisted reproductive technology to produce a child of their
union may petition the court for an expedited adoption pursuant to this section under either of the
following circumstances:
(1) One of the intended parents gave birth to the child; or
(2) The child was born through a gestational surrogacy process brought about by
one or both of the intended parents, and the parentage of only one intended parent was
established pursuant to 16-909(e).
(b)(1) Each intended parent seeking an adoption pursuant to this section shall join in a
petition for expedited adoption.
(2) The petition for expedited adoption shall be made under oath or affirmation
of the petitioners, and the title of the petition shall be: Ex parte in the matter of the petition of . .
. . . . . . . . . . . . . . . . . . for expedited adoption.
(3) The petition shall contain:
(A) The name, sex, date, and place of birth of the prospective adoptee;
(B) The name, date of birth, and addresses of the petitioners;
(C) The relationship of the prospective adoptee to the petitioners;
(D) A statement of how the prospective adoptee was conceived;
(E) The date that the prospective adoptee began residing with the
petitioners;
(F) Any change to the name of the prospective adoptee that may be
desired by the petitioners;
(G) Any change to how the prospective adoptees birth certificate should
identify the petitioners as parents of the prospective adoptee; and
(H) Language indicating consent to the expedited adoption by the
intended parent who gave birth to the prospective adoptee or had parentage established pursuant
to 16-909(e).
(4) In a proceeding under this section, the petitioners shall file, as exhibits to the
petition for expedited adoption:
(A) A certified copy of any document that evidences the petitioners
relationship, such as a marriage certificate or registered domestic partnership certificate, or intent
to parent together, such as a consent to parent form pursuant to 16-909(e)(1)(A);
(B) A certified copy of the prospective adoptees birth certificate; and
(C) A sworn statement by the petitioners that a written agreement
pursuant to 16-909.01(a)(1) has not been executed.
(c) The court shall not require an investigation, report, and recommendation pursuant to
16-307 or criminal records check pursuant to 4-1305.02 prior to the issuance of a final decree
of adoption under this section.
(d)(1) The court shall issue a final decree of adoption under this section if it appears
from the face of the pleadings that:
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(A) The intended parents used assisted reproductive technology to
produce a child of their union; and
(B) No other person has a claim to parentage of the prospective adoptee.
(2) Upon issuance of a final decree of adoption, the court shall provide 4
certified copies of the final decree of adoption to the petitioners at no additional cost.
(e) For the purposes of this section, the term:
(1) Assisted reproductive technology means any noncoital method of
conception used with donor or nondonor eggs or sperm, including in vitro fertilization, gamete
intrafallopian transfer, and zygote intrafallopian transfer.
(2) Intended parents means:
(A) A married couple;
(B) Domestic partners registered in the District pursuant to 32-702(a)
or recognized by the District pursuant to 32-702(i);
(C) Individuals who maintain a committed relationship, as that term is
defined in 32-701(1); or
(D) Individuals who signed a consent to parent form pursuant to 16-
909(e)(1)..
Sec. 3. Section 502(4) of the Prevention of Child Abuse and Neglect Act of 1977,
effective June 27, 2000 (D.C. Law 13-136; D.C. Official Code 4-1305.02(4)), is amended by
striking the phrase of this section and inserting the phrase of this section or in an expedited
adoption proceeding pursuant to D.C. Official Code 16-318 in its place.
Sec. 4. The lead-in language of section 119(a) of the Vital Records Modernization
Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-164; D.C. Official Code 7-
231.19(a)), is amended by striking the phrase The court and inserting the phrase Except for an
expedited adoption pursuant to D.C. Official Code 16-318, the court in its place.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), a 30-day period of congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
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24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
Columbia Register.
______________________________
Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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