S. 7888 Summary

• Modifies the age threshold for non-marital fathers' consent requirements in adoption proceedings from "placed with adoptive parents more than six months after birth" to "more than six months old at the time of filing a petition to terminate parental rights, application to execute a judicial surrender, petition for approval of an extra-judicial surrender or extra-judicial consent to adoption, or petition for adoption, whichever is earliest."

• Establishes three pathways for non-marital fathers to qualify for consent rights: (i) establishing legal paternity within six months of the child's first entry into foster care or through a court action filed within six months of birth that was actively prosecuted; (ii) openly living with and holding himself out as the father for six months immediately preceding the proceeding; or (iii) maintaining substantial and continuous contact through support payments and either visiting twice per month or regularly communicating with the child.

• Increases the minimum visitation frequency requirement from "at least monthly" to "at least twice per month" for fathers claiming contact-based consent rights, with exceptions for those physically or financially unable to visit.

• Expands the list of persons entitled to notice in adoption and termination of parental rights proceedings to include fathers with acknowledged paternity recognized by any state, territory or country, and fathers with pending paternity or custody petitions for children in foster care filed before an adoption order is issued.

• Establishes a pre-fact-finding hearing requirement in termination of parental rights proceedings when a noticed party asserts consent would be required, placing the initial burden on the petitioner to show consent is not required, with the noticed party bearing the ultimate burden of proving consent is required by preponderance of the evidence.