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AR HB1670

Bill

Status

Introduced

3/5/2015

Primary Sponsor

Mark Lowery

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Putative fathers may petition for paternity adjudication or to vacate an adoption order within six months of the final adoption order if they sign an acknowledgment of paternity or register with the Putative Father Registry.

  • Courts may vacate an adoption order if the putative father did not have knowledge of the child's existence before adoption or was prevented from registering due to fraud, deception, or misconduct by the natural mother or adoptive parents, and has established paternity.

  • A presumption arises that granting parental rights and custody to the father is in the child's best interest once he meets the requirements, but this presumption may be rebutted by clear evidence that removal from adoptive parents' custody is not in the child's best interest.

  • Courts must consider multiple factors when determining the child's best interest, including the child's age, preferences, length of time with adoptive parents, potential uprooting effects, father's ability to provide support, and any history of substance abuse or violence by the father.

  • Adoptive parents must receive and sign a statement of legal risk indicating the putative father's potential parental rights under this section before adoption is finalized.

Legislative Description

To Protect The Parental Rights Of A Putative Father; And To Vacate An Adoption Within Six (6) Months From The Final Adoption Order Upon Evidence Of Fraud Or A Lack Of Knowledge Of The Child's Existence.

Last Action

Recommended for study in the Interim by Joint Interim Committee on AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE

4/2/2015

Committee Referrals

Aging, Children and Youth, Legislative and Military Affairs3/17/2015

Full Bill Text

No bill text available