CHAPTER 803*

TERMINATION OF PARENTAL RIGHTS AND ADOPTION

*See chapter 319a re child welfare.

Annotations to former chapter 778 (Sec. 45-61 et seq.):

Adoption agreements not required to be witnessed or acknowledged. 129 C. 239. Cited. 179 C. 155. Expresses legislative intent that no person shall acquire parental status unless certain formalities are observed. 180 C. 114. Cited. 198 C. 138.

Annotation to present chapter:

Secs. 45a-706–45a-765 cited. 40 CA 675.

Table of Contents

Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction.

Sec. 45a-707. (Formerly Sec. 45-61b). Definitions.

Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent.

Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes.

Secs. 45a-710 to 45a-714. Reserved

Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements.

Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party.

Sec. 45a-717. (Formerly Sec. 45-61f). Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination.

Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation.

Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption.

Secs. 45a-720 to 45a-723. Reserved

Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption.

Sec. 45a-724a. Placement for adoption with child-placing agency by Commissioner of Children and Families.

Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption.

Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency.

Sec. 45a-726a. Consideration of sexual orientation of prospective adoptive or foster parent.

Sec. 45a-726b. Recruitment of minority families not to delay placement of adoptive child.

Sec. 45a-727. (Formerly Sec. 45-63). Application and agreement for adoption. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree.

Sec. 45a-727a. Legislative findings re best interests of child.

Sec. 45a-727b. Endorsement of rights and responsibilities of unmarried persons to child subject to adoption, but not marriage or union of such persons.

Sec. 45a-728. (Formerly Sec. 45-63b). Regulations re adoption placement of children identified or located by prospective parents.

Sec. 45a-728a. Participation in birth and visitation of newborn identified for adoption by prospective adoptive parents.

Sec. 45a-728b. Discharge of newborn identified for adoption from hospital. Prospective adoptive parents permitted to attend hospital programs re infant care.

Sec. 45a-728c. Payment of expenses of birth mother by prospective adoptive parents.

Sec. 45a-728d. Advertising by birth parent and prospective adoptive parent for purpose of identified adoption.

Sec. 45a-729. (Formerly Sec. 45-63c). Penalty for violation of provisions re adoption placement.

Sec. 45a-730. (Formerly Sec. 45-63d). Validation of foreign adoption. Petition filed in Probate Court.

Sec. 45a-731. (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights.

Sec. 45a-731a. Issuance of final adoption decree notwithstanding death of child.

Sec. 45a-732. (Formerly Sec. 45-62). Husband and wife to join in adoption.

Sec. 45a-733. (Formerly Sec. 45-63a). Procedure on application for adoption by stepparent.

Sec. 45a-734. (Formerly Sec. 45-67). Adoption of adults. Inheritance.

Sec. 45a-735. (Formerly Sec. 45-68). Husband or wife of adopted adult to consent.

Sec. 45a-736. (Formerly Sec. 45-66a). Change of name of adopted person.

Sec. 45a-737. (Formerly Sec. 45-66b). Obliteration of original name on institutional records, new name substituted.

Secs. 45a-738 to 45a-742. Reserved

Sec. 45a-743. (Formerly Sec. 45-68c). Definitions.

Sec. 45a-744. (Formerly Sec. 45-68b). Legislative policy.

Sec. 45a-745. (Formerly Sec. 45a-68a). Adoption record.

Sec. 45a-746. (Formerly Sec. 45-68e). Information available to adoptive parents and adult adopted or adoptable person.

Sec. 45a-747. (Formerly Sec. 45-68f). Information regarding adoption completed before October 1, 1977.

Sec. 45a-748. (Formerly Sec. 45-68g). Agency or department to make effort to obtain information.

Sec. 45a-749. (Formerly Sec. 45-68h). Request for information.

Sec. 45a-750. (Formerly Sec. 45-68i). Identifying information.

Sec. 45a-751. (Formerly Sec. 45-68j). Release of identifying information by child-placing agency or department.

Sec. 45a-751a. Conditions re release of information. Counseling.

Sec. 45a-751b. Disclosure of identifying information. Consent required.

Sec. 45a-752. (Formerly Sec. 45-68k). Appeal to Probate Court. Advisory panel. Report. Hearing. Decision.

Sec. 45a-753. (Formerly Sec. 45-68l). Obtaining consent of person whose identity is requested. Petition to court. Report. Hearing.

Sec. 45a-754. (Formerly Sec. 45-68m). Records related to termination of parental rights, removal of parent as guardian, appointment of statutory parent, adoption matters, temporary guardianship and emancipation of minors. Confidentiality. Exceptions.

Sec. 45a-755. (Formerly Sec. 45-68o). Registries. Filing of registration.

Sec. 45a-756. (Formerly Sec. 45-68p). Agreement to release identifying information. Notification. Fee.

Sec. 45a-757. (Formerly Sec. 45-68n). Records maintained on a permanent basis.

Secs. 45a-758 to 45a-762. Reserved

Sec. 45a-763. (Formerly Sec. 45-69c). Adoption Review Board established.

Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing.

Sec. 45a-765. (Formerly Sec. 45-69e). Records to be confidential.

Secs. 45a-766 to 45a-770. Reserved


PART I*

TERMINATION AND ADOPTION IN GENERAL

*Termination of parental rights, Secs. 45a-706–45a-719 cited. 45 CS 33.

Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction. The provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-734, inclusive, 45a-736, 45a-737 and 52-231a shall be liberally construed in the best interests of any child for whom a petition has been filed under said sections.

(P.A. 73-156, S. 1; P.A. 80-476, S. 140; P.A. 96-130, S. 2.)

History: P.A. 80-476 added reference to Sec. 17-43b; Sec. 45-61a transferred to Sec. 45a-706 in 1991; P.A. 96-130 deleted references to Secs. 17a-91, 17a-112, 17a-148 and 45a-606.

Annotation to former section 45-61a:

Cited. 182 C. 545.

Annotations to present section:

Cited. 223 C. 492. Cited. 234 C. 194. Best interests of a child cannot transcend statutorily defined jurisdictional boundaries. 247 C. 474.

Cited. 45 CS 33.

Sec. 45a-707. (Formerly Sec. 45-61b). Definitions. As used in sections 45a-187, 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, and 45a-724 to 45a-737, inclusive:

(1) “Adoption” means the establishment by court order of the legal relationship of parent and child;

(2) “Child care facility” means a congregate residential setting for the out-of-home placement of children or youths under eighteen years of age, licensed by the Department of Children and Families;

(3) “Child-placing agency” means any agency within or without the state of Connecticut licensed or approved by the Commissioner of Children and Families in accordance with sections 17a-149 and 17a-151, and in accordance with standards established by regulations of the Commissioner of Children and Families;

(4) “Guardianship” means guardianship, unless otherwise specified, of the person of a minor and refers to the obligation of care and control, the right to custody and the duty and authority to make major decisions affecting the minor’s welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment;

(5) “Parent” means a biological or adoptive parent;

(6) “Relative” means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child;

(7) “Statutory parent” means the Commissioner of Children and Families or the child-placing agency appointed by the court for the purpose of the adoption of a minor child or minor children;

(8) “Termination of parental rights” means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child’s parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of the child or the religious affiliation of the child.

(P.A. 73-156, S. 2; P.A. 74-164, S. 1, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 76, 111; P.A. 80-476, S. 141; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 3; P.A. 96-130, S. 3; P.A. 99-166, S. 8; P.A. 06-196, S. 169.)

History: P.A. 74-164 redefined “statutory parent” and added definitions of “child-placing agency”, “child-care agency”, “parent”, “adoption”, “guardianship”, and “termination of parental rights”; P.A. 75-420 replaced welfare commissioner with commissioner of social services in definitions of “statutory parent” and “child-placing agency”; P.A. 77-614 and P.A. 78-303 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 reorganized definitions to appear in alphabetical order and rephrased provisions; Sec. 45-61b transferred to Sec. 45a-707 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (b) by replacing “child care agency” definition with “child care facility” definition; P.A. 96-130 deleted references to Secs. 17a-91, 17a-112, 17a-113, 17a-148 and 52-231a, redefined “parent” and added definition of “relative” and replaced alphabetic Subdiv. indicators with numeric indicators for consistency with customary statutory usage; P.A. 99-166 amended definition of “statutory parent” in Subdiv. (7) by changing “giving in adoption” to “the adoption of”; P.A. 06-196 made a technical change in Subdiv. (2), effective June 7, 2006.

Annotations to former section 45-61b:

Cited. 182 C. 545.

Subdiv. (c):

Cited. 214 C. 560.

Subdiv. (g):

Cited. 177 C. 648; 181 C. 638. Cited. 182 C. 545. Cited. 183 C. 11. Cited. 194 C. 252. Cited. 196 C. 18. Public policy reflected in this section and Secs. 45-63 and 45-64a does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407. Cited. 210 C. 157. Cited. 215 C. 31. Cited. 217 C. 459. Cited. 224 C. 263.

Cited. 1 CA 463. Cited. 2 CA 705. Cited. 8 CA 92. Cited. 19 CA 371. Cited. 24 CA 338. Cited 29 CA 112.

Annotations to present section:

Cited. 217 C. 459.

Subdiv. (e):

Cited. 223 C. 492.

Subdiv. (f):

Cited. 45 CS 33.

Subdiv. (g):

Cited 224 C. 263. Cited. 234 C. 194.

Cited. 33 CA 12. Cited. 40 CA 675.

Cited. 43 CS 108.

Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent. (a) When, with respect to any petition for termination of parental rights filed under section 17a-112, section 45a-715 or section 45a-716, it appears that either parent of the child is a minor or incompetent, the court shall appoint a guardian ad litem for such parent. The guardian ad litem shall be an attorney-at-law authorized to practice law in Connecticut or any duly authorized officer of a child-placing agency if the child-placing agency is not the petitioner.

(b) The guardian ad litem may be allowed reasonable compensation by the court appointing him which shall be assessed against the petitioner.

(c) If the court finds the petitioner is unable to pay the compensation, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such compensation, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(P.A. 73-156, S. 6; P.A. 74-164, S. 5, 20; P.A. 76-436, S. 643, 681; P.A. 80-476, S. 142; P.A. 83-295, S. 24; P.A. 90-31, S. 4, 9; P.A. 96-130, S. 4; 96-170, S. 21, 23; P.A. 97-90, S. 5, 6.)

History: P.A. 74-164 specified that attorney appointed as guardian ad litem must be “authorized to practice law in Connecticut” or “duly authorized” officer of child-placing agency rather than “chief” officer and required that both probate and juvenile court shall order payment of compensation from funds appropriated to judicial department where previously paid from fund established under Sec. 45-4n or from appropriation for juvenile court in cases where petitioner cannot pay the compensation; P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 83-295 amended Subsec. (c) to provide that the “reasonable compensation” of the guardian ad litem shall be “established by” the judicial department; P.A. 90-31 amended Subsec. (c) by adding provision that in the case of a court of probate, compensation established by the probate court administrator shall be paid from the probate administration fund; Sec. 45-61e transferred to Sec. 45a-708 in 1991; P.A. 96-130 amended Subsec. (a) by adding “for termination of parental rights” after “petition”; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of guardian ad litem from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section.

Annotations to former section 45-61e:

Cited. 182 C. 545.

Cited. 21 CA 226.

Annotations to present section:

Subsec. (a):

Cited. 223 C. 557.

Cited. 25 CA 741.

Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes. (a) Notwithstanding any provision of sections 17a-112, 17a-113, 17a-148, 45a-187, 45a-606, 45a-607, 45a-706 to 45a-708, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-727, 45a-732 to 45a-734, inclusive, and 52-231a, to the contrary, any adoption completed after October 1, 1973, in which the application and agreement of adoption were received by the Court of Probate before October 1, 1973, shall be valid, provided the adoption would have been valid under the general statutes in effect on September 30, 1973.

(b) Applications for termination of parental rights, appointment of statutory parents or for adoptions or any actions taken in accordance with the applications which were received by the Court of Probate prior to May 10, 1974, shall be valid if they conform to the provisions of sections 17a-112, 17a-148, 45a-606, 45a-706 to 45a-708, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-727, 45a-731 to 45a-734, inclusive, and 52-231a in effect on May 9, 1974.

(P.A. 74-164, S. 15, 20; P.A. 80-476, S. 143; P.A. 11-105, S. 4.)

History: P.A. 80-476 made minor wording changes; Sec. 45-61k transferred to Sec. 45a-709 in 1991; (Revisor’s note: In 1993 references to repealed Secs. 17-32a, 17-41 and 45-69b were removed editorially by the Revisors); P.A. 11-105 amended Subsecs. (a) and (b) by deleting references to Sec. 17a-91, effective July 1, 2011.

Secs. 45a-710 to 45a-714. Reserved for future use.

PART II*

TERMINATION OF PARENTAL RIGHTS

*Sec. 45a-715 et seq. cited. 234 C. 194.

Sec. 45a-715 et seq. cited. 34 CA 176.

Termination of parental rights, Secs. 45a-706–45a-719 cited. 45 CS 33.

Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements. (a) Any of the following persons may petition the Court of Probate to terminate parental rights of all persons who may have parental rights regarding any minor child or for the termination of parental rights of only one parent provided the application so states: (1) Either or both parents, including a parent who is a minor; (2) the guardian of the child; (3) the selectmen of any town having charge of any foundling child; (4) a duly authorized officer of any child care facility or child-placing agency or organization or any children’s home or similar institution approved by the Commissioner of Children and Families; (5) a relative of the child if the parent or parents have abandoned or deserted the child; (6) the Commissioner of Children and Families, provided the custodial parent of such minor child has consented to the termination of parental rights and the child has not been committed to the commissioner, and no application for commitment has been made; provided in any case hereunder where the child with respect to whom the petition is brought has attained the age of twelve, the child shall join in the petition.

(b) A petition for termination of parental rights shall be entitled “In the interest of .... (Name of child), a person under the age of eighteen years”, and shall set forth with specificity: (1) The name, sex, date and place of birth, and present address of the child; (2) the name and address of the petitioner, and the nature of the relationship between the petitioner and the child; (3) the names, dates of birth and addresses of the parents of the child, if known, including the name of any putative father named by the mother, and the tribe and reservation of an American Indian parent; (4) if the parent of the child is a minor, the names and addresses of the parents or guardian of the person of such minor; (5) the names and addresses of: (A) The guardian of the person of the child; (B) any guardians ad litem appointed in a prior proceeding; (C) the tribe and reservation of an American Indian child; and (D) the child-placing agency which placed the child in his current placement; (6) the facts upon which termination is sought, the legal grounds authorizing termination, the effects of a termination decree and the basis for the jurisdiction of the court; (7) the name of the persons or agencies which have agreed to accept custody or guardianship of the child’s person upon disposition.

(c) If the information required under subdivisions (2) and (6) of subsection (b) of this section is not stated, the petition shall be dismissed. If any other facts required under subdivision (1), (3), (4), (5) or (7) of subsection (b) of this section are not known or cannot be ascertained by the petitioner, he shall so state in the petition. If the whereabouts of either parent or the putative father named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or putative father. The petitioner shall file an affidavit with the petition indicating the efforts used to locate the parent or putative father.

(d) If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree a parent consents to the termination of his parental rights, each consenting parent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing to the satisfaction of the court that the parent has voluntarily and knowingly consented to the termination of his parental rights. No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of her child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.

(e) A petition under this section shall be filed in the court of probate for the district in which the petitioner or the child resides or, in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the court of probate for the district in which the main office or any local office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given under subdivision (2) of subsection (b) of section 45a-716.

(f) If any petitioner under subsection (a) is a minor or incompetent, the guardian ad litem, appointed by the court in accordance with section 45a-708, must approve the petition in writing, before action by the court.

(g) Before a hearing on the merits in any case in which a petition for termination of parental rights is contested in a court of probate, the court of probate shall, on the motion of any legal party except the petitioner, or may on its own motion or that of the petitioner, transfer the case to the Superior Court in accordance with rules adopted by the judges of the Supreme Court. In addition to the provisions of this section, the probate court may, on the court’s own motion or that of any interested party, transfer any termination of parental rights case to a regional children’s probate court established pursuant to section 45a-8a. If the case is transferred, the clerk of the Court of Probate shall transmit to the clerk of the Superior Court or the regional children’s probate court to which the case was transferred, the original files and papers in the case. The Superior Court or the regional children’s probate court to which the case was transferred, upon hearing after notice as provided in sections 45a-716 and 45a-717, may grant the petition as provided in section 45a-717.

(h) Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

(i) If the Court of Probate determines that the child’s best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.

(j) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.

(k) The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement.

(l) The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement, nor is the cooperative postadoption contingent upon the finalization of an adoption. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.

(m) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.

(n) An adoptive parent, guardian ad litem for the child or the court on its own motion may, at any time, petition for review of communication or contact ordered pursuant to subsection (i) of this section, if the adoptive parent believes that the best interests of the child are being compromised. The court may order the communication or contact be terminated, or order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child.

(P.A. 73-156, S. 3; P.A. 74-164, S. 2, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 641, 681; P.A. 77-614, S. 521, 610; P.A. 79-223; 79-631, S. 33, 77, 85, 111; P.A. 80-476, S. 144; P.A. 83-355, S. 1; P.A. 84-449, S. 2, 7; P.A. 86-264, S. 8; P.A. 93-91, S. 1, 2; 93-170, S. 2; P.A. 95-349, S. 4; P.A. 96-130, S. 5; P.A. 00-75, S. 9; 00-137, S. 4; P.A. 01-195, S. 98, 181; P.A. 04-142, S. 6; P.A. 12-66, S. 10.)

History: P.A. 74-164 specified right to petition court for appointment of statutory parent or termination of one parent’s parental rights in cases where adoption is contemplated, specified right of minor parent to petition, and made minor changes in wording to conform with definitions of Sec. 45-61b in existing provisions and added Subsecs. (c) and (d); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced references to supreme and juvenile courts in Subsec. (d) with references to superior court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-223 authorized commissioner of children and youth services to make petition as provided in Subsec. (a)(5); P.A. 79-631 made technical corrections in Subsecs. (b) and (d) and substituted children and youth services commissioner for human resources commissioner in Subsec. (a)(3); P.A. 80-476 rephrased provisions; P.A. 83-355 inserted a new Subsec. (b) re the information required in a petition, Subsec. (c) re dismissal of the petition if certain information is not stated, and Subsec. (d) requiring a copy of any parental consent to adoption to accompany the petition; P.A. 84-449 amended Subsec. (a) by deleting a provision authorizing any of the enumerated persons to petition the court for the appointment of a statutory parent if adoption is contemplated and amended Subsec. (d) by replacing provision that “a copy of any consent to adoption, previously executed by a parent to an authorized agency, shall accompany the petition” with provision that each consenting parent shall acknowledge such consent on a form promulgated by the office of the chief court administrator evidencing that the parent has voluntarily and knowingly consented to the termination of his parental rights, adding provisions re consent by a minor parent and prohibiting consent to termination by a mother within 48 hours of the birth of the child; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-61c transferred to Sec. 45a-715 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-170 in Subsec. (b) required that name of putative father named by mother be included in petition for termination and in Subsec. (c) required that the petitioner file an affidavit that there was diligent search for either parent or putative father if whereabouts are unknown; P.A. 95-349 substituted “child care facility” for “child care agency” in Subsecs. (a) and (e); P.A. 96-130 made technical changes in Subsecs. (a), (b) and (f); P.A. 00-75 amended Subsec. (g) by adding provisions re transfer of case to another judge of probate appointed by Probate Court Administrator from a panel of qualified probate judges specializing in children’s matters; P.A. 00-137 added Subsecs. (h) to (n), inclusive, re cooperative postadoption agreements, terms of such agreements, disagreement between parties, dispute resolution and review by court; P.A. 01-195 made a technical change in Subsec. (g), effective July 11, 2001; P.A. 04-142 amended Subsec. (g) by replacing provision re transfer of case to another judge of probate with provision re transfer of any termination of parental rights case to another judge of probate, deleting provision re location of hearing in original probate court and making technical changes; P.A. 12-66 amended Subsec. (g) to replace provisions re transfer to another judge of probate with provisions re transfer to a regional children’s probate court and make technical changes, effective January 1, 2013.

See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.

Annotations to former section 45-61c:

Cited. 179 C. 155. Cited. 182 C. 545.

Cited. 8 CA 92. Cited. 13 CA 626. Cited. 21 CA 226.

Subsec. (a):

Cited. 192 C. 254. Cited. 214 C. 560.

Annotations to present section:

Cited. 34 CA 176. Jurisdiction for terminating parental rights lies either in Probate Court or in Superior Court pursuant to Sec. 17a-112 and Subsecs. (a) and (g) of this section. 49 CA 706.

Subsec. (a):

Cited. 234 C. 194.

No statutory requirement that Dept. of Children and Families file treatment plan as a condition precedent to filing of termination petition. 49 CA 706. Administrative hearing officer in Dept. of Children and Families has no authority to hear or determine a petition for termination of parental rights. Id. In termination proceeding, burden is on Dept. of Children and Families to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. Id.

Subsec. (b):

Subdiv. (6) cited. 234 C. 194.

Subsec. (d):

Cited. 234 C. 194.

Subsec. (g):

Cited. 234 C. 194.

Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party. (a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition, except, in the case of a petition for termination of parental rights based on consent that is filed on or after October 1, 2004, the time for hearing shall be not more than twenty days after the filing of such petition.

(b) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(c) Except as provided in subsection (d) of this section, notice of the hearing and a copy of the petition, certified by the petitioner, the petitioner’s agent or attorney, or the clerk of the court, shall be served at least ten days before the date of the hearing by personal service or service at the person’s usual place of abode on the persons enumerated in subsection (b) of this section who are within the state, and by first class mail on the Commissioner of Children and Families and the Attorney General. If the address of any person entitled to personal service or service at the person’s usual place of abode is unknown, or if personal service or service at the person’s usual place of abode cannot be reasonably effected within the state, or if any person enumerated in subsection (b) of this section is out of the state, a judge or the clerk of the court shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without this state, or, if no such address is known, in the place where the petition has been filed.

(d) In any proceeding pending in the Court of Probate, in lieu of personal service on, or at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail at least ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.

(P.A. 73-156, S. 5; P.A. 74-164, S. 4, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 642, 681; P.A. 77-614, S. 521, 610; P.A. 79-592, S. 1; 79-631, S. 78, 111; P.A. 80-476, S. 145; 80-483, S. 119, 186; June Sp. Sess. P.A. 83-11, S. 1, 4; P.A. 84-449, S. 3, 7; P.A. 85-335; P.A. 86-264, S. 3; P.A. 92-118, S. 6; P.A. 93-91, S. 1, 2; 93-170, S. 3; P.A. 96-130, S. 6; 96-170, S. 6, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 31; P.A. 00-137, S. 11; 00-196, S. 32; P.A. 04-128, S. 2; 04-257, S. 110; P.A. 06-149, S. 7; P.A. 07-184, S. 5.)

History: P.A. 74-164 clarified provisions through restatement, added reference to juvenile court acting on case transferred to it from probate court, deleted requirement that hearing be held not less than 20 days after petition filed and added provisions re waiver of right to notice; P.A. 75-420 substituted commissioner of social services for welfare commissioner in Subdiv. (4); P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources in Subdiv. (4), effective January 1, 1979; P.A. 79-592 extended provisions re notice to child’s father to require notice if his name appears on birth certificate or if he has filed a claim for paternity, substituted (as did P.A. 79-631) commissioner of children and youth services for commissioner of human resources in Subdiv. (4) and deleted provision re waiver of notice; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 80-483 made technical correction; June Sp. Sess. P.A. 83-11 amended Subsec. (b) to provide that if the recipient of the notice is “a person described in subdivision (1) or (2) of this subsection” the notice shall inform him of his right to counsel and that counsel will be appointed for him if he is unable to pay for counsel, and amended Subsecs. (b) and (c) to replace provision that notice of the hearing shall be given by registered or certified mail or by publication if the address or location of the person is unknown with the requirement that notice of the hearing “and a copy of the petition” shall be “personally served” and if personal service cannot be effected then notice may be given by registered or certified mail or by publication in a newspaper in the place of the reasonably ascertainable address of the parent or, if no address is known, in the place where the termination petition has been filed, effective April 1, 1984; P.A. 84-449 amended Subsec. (b) by providing that if the recipient of the notice is “any other person whose parental rights are sought to be terminated in the petition” the notice shall contain a statement re representation by and payment for counsel and by adding provision that “the reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the judicial department,” and amended Subsec. (c) by requiring notice of the hearing and a copy of the petition to be served “by certified mail, return receipt requested, on the commissioner of children and youth services”, adding “return receipt requested” and replacing “reasonably ascertainable” with “last-known”; P.A. 85-335 amended Subsec. (c) by requiring personal service of persons within the state and service by certified mail, return receipt requested, for any person out of the state, and changing “parent” to “person to be notified”; P.A. 86-264 amended Subsec. (c) by requiring service by registered or certified mail if address of any person entitled to personal service is unknown and added Subsec. (d) permitting notice by certified mail, return receipt requested, to parent or father of child born out of wedlock who is petitioner or who waives personal service, and notice by publication if such delivery cannot reasonably be affected or if whereabouts of parents are unknown; Sec. 45-61d transferred to Sec. 45a-716 in 1991; P.A. 92-118 amended Subsec. (b) by adding provision re compensation of counsel appointed for respondent parent or child in a probate matter; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-170 amended Subsec. (b) to require notice to putative father named in petition as father of minor child by mother; P.A. 96-130 made technical changes in Subsecs. (b) and (c); P.A. 96-170 amended Subsec. (b) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (d) by deleting “oath” and inserting “penalty of false statement”; P.A. 00-137 amended Subsec. (c) by adding provisions re service at the person’s usual place of abode; P.A. 00-196 made a technical change in Subsec. (b); P.A. 04-128 amended Subsec. (a) by adding provision re time for hearing petition for termination of parental rights based on consent; P.A. 04-257 made technical changes, effective June 14, 2004; P.A. 06-149 added Subsec. (b)(5) re Attorney General, to provide that Attorney General may file appearance and shall be and remain a party if child is receiving or has received aid or care from the state or is receiving child support enforcement services, and to make technical changes, and amended Subsec. (c) to add reference to Attorney General, effective January 1, 2007; P.A. 07-184 amended Subsecs. (c) and (d) to substitute “first class mail” for “certified mail”, delete “return receipt requested” and “deliverable to addressee only”, and insert “or at the usual place of abode”.

Annotations to former section 45-61d:

Cited. 182 C. 545. Cited. 187 C. 431.

Cited. 22 CA 656.

Cited. 36 CS 94.

Former Subdiv. (2):

Subdiv. (A) cited. 175 C. 527.

Subsec. (b):

Subdiv. (3) cited. 188 C. 259.

Subdiv. (1): Improper to commence termination proceeding in absence of respondent and his counsel. 23 CA 207.

Cited. 41 CS 23.

Annotations to present section:

In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child’s best interest for respondent’s parental rights to be terminated. 111 CA 210.

Subsec. (a):

Cited. 234 C. 194.

Subsec. (b):

Cited. 224 C. 263.

Subdiv. (1): Although this provision supports father’s argument that he was a legally necessary party with right of confrontation, it does not require that the court or petitioner repeatedly attempt to locate a properly served, nonappearing, defaulted respondent throughout a hearing nor require that a new trial be ordered when a nonappearing, defaulted respondent is incarcerated after the beginning of a hearing, makes no attempt to contact the court and is later located by the petitioner. 117 CA 521.

Subsec. (c):

Cited. 224 C. 263.

Sec. 45a-717. (Formerly Sec. 45-61f). Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination. (a) At the hearing held on any petition for the termination of parental rights filed in the Court of Probate under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Court of Probate under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If a parent who is consenting to the termination of such parent’s parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent’s parental rights except as otherwise provided by court order.

(b) If a party appears without counsel, the court shall inform such party of the party’s right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such party. No party may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights. Unless the appointment of counsel is required under section 46b-136, the court may appoint counsel to represent or appear on behalf of any child in a hearing held under this section to speak on behalf of the best interests of the child. If the respondent parent is unable to pay for such respondent’s own counsel or if the child or the parent or guardian of the child is unable to pay for the child’s counsel, in the case of a Superior Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department and, in the case of a Probate Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(c) The court shall, if a claim for paternity has been filed in accordance with section 46b-172a, continue the hearing under the provisions of this section until the claim for paternity is adjudicated, provided the court may combine the hearing on the claim for paternity with the hearing on the termination of parental rights petition.

(d) Upon finding at the hearing or at any time during the pendency of the petition that reasonable cause exists to warrant an examination, the court, on its own motion or on motion by any party, may order the child to be examined at a suitable place by a physician, psychiatrist or licensed clinical psychologist appointed by the court. The court may also order examination of a parent or custodian whose competency or ability to care for a child before the court is at issue. The expenses of any examination if ordered by the court on its own motion shall be paid for by the petitioner or, if ordered on motion by a party, shall be paid for by the party moving for such an examination unless such party or petitioner is unable to pay such expenses in which case, they shall be paid for by funds appropriated to the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such expenses shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The court may consider the results of the examinations in ruling on the merits of the petition.

(e) (1) The court may, and in any contested case shall, request the Commissioner of Children and Families or any child-placing agency licensed by the commissioner to make an investigation and written report to it, within ninety days from the receipt of such request. The report shall indicate the physical, mental and emotional status of the child and shall contain such facts as may be relevant to the court’s determination of whether the proposed termination of parental rights will be in the best interests of the child, including the physical, mental, social and financial condition of the biological parents, and any other factors which the commissioner or such child-placing agency finds relevant to the court’s determination of whether the proposed termination will be in the best interests of the child. (2) If such a report has been requested, upon the expiration of such ninety-day period or upon receipt of the report, whichever is earlier, the court shall set a day for a hearing not more than thirty days thereafter. The court shall give reasonable notice of such adjourned hearing to all parties to the first hearing, including the child, if over fourteen years of age, and to such other persons as the court shall deem appropriate. (3) The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject himself to examination.

(f) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child and (2) such parent has voluntarily and knowingly consented to termination of the parent’s parental rights with respect to such child. If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental right of one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child.

(g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child’s physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) the parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (E) the parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent’s parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child except for a violation of section 53a-71 or 53a-73a provided the court may terminate such parent’s parental rights to such child at any time after such conviction.

(h) Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding: (1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by a child-placing agency to facilitate the reunion of the child with the parent; (2) the terms of any applicable court order entered into and agreed upon by any individual or child-placing agency and the parent, and the extent to which all parties have fulfilled their obligations under such order; (3) the feelings and emotional ties of the child with respect to the child’s parents, any guardian of the child’s person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties; (4) the age of the child; (5) the efforts the parent has made to adjust such parent’s circumstances, conduct or conditions to make it in the best interest of the child to return the child to the parent’s home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child; and (6) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.

(i) If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.

(j) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court within thirty days of the date judgment is entered on a case plan, as defined by the federal Adoption Assistance and Child Welfare Act of 1980, as amended from time to time, for the child. At least every three months thereafter, such guardian or statutory parent shall make a report to the court on the implementation of the plan. The court may convene a hearing upon the filing of a report and shall convene a hearing for the purpose of reviewing the plan no more than twelve months from the date judgment is entered or from the date of the last permanency hearing held pursuant to subsection (k) of section 46b-129 if the child or youth is in the care and custody of the Commissioner of Children and Families, whichever is earlier, and at least once a year thereafter until such time as any proposed adoption plan has become finalized. If the Commissioner of Children and Families is the statutory parent for the child, at such a hearing the court shall determine whether the department has made reasonable efforts to achieve the permanency plan. In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall obtain the approval of the court prior to placing the child or youth for adoption outside the state. Before ordering or approving such placement, the court shall make findings concerning compliance with the provisions of section 17a-175. Such findings shall include, but not be limited to: (1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child, (2) the court has reviewed such notice, (3) whether or not an interstate compact study or other home study has been completed by the receiving state, and (4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.

(P.A. 73-156, S. 7; P.A. 74-164, S. 6, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 644, 681; P.A. 77-614, S. 521, 610; P.A. 79-592, S. 3; 79-631, S. 79, 111; P.A. 80-476, S. 146; P.A. 82-202, S. 2; P.A. 83-387, S. 2; 83-478, S. 2; June Sp. Sess. P.A. 83-11, S. 2, 4; P.A. 84-171, S. 6, 7; 84-449, S. 4, 7; P.A. 90-31, S. 5, 9; P.A. 93-91, S. 1, 2; 93-193, S. 2; P.A. 94-81, S. 2; P.A. 95-238, S. 5; 95-316, S. 8; P.A. 96-130, S. 7; 96-170, S. 7, 23; 96-246, S. 19; P.A. 97-90, S. 5, 6; P.A. 98-241, S. 9, 18; P.A. 00-75, S. 2; 00-137, S. 12; P.A. 01-159, S. 6; P.A. 11-180, S. 2.)

History: P.A. 74-164 specified applicability of provisions to hearings for termination of parental rights filed in probate court, brought to juvenile court or transferred to juvenile court, specified that hearing be not more than 30 days after receipt of report or expiration of 90-day period, added proviso re waiver of requirement that one year of abandonment has expired in Subdiv. (1), deleted similar proviso in Subdiv. (2) where court could waive one-year requirement if it found that child under age of 3 because of his age “has a greater vulnerability to damage from the circumstances of his present situation”, added Subdiv. (3) where there are no identifiable acts of parental commission or omission but court sees no ongoing parent-child relationship and to continue the situation to allow for establishment or reestablishment of such relationship would be detrimental to child, deleted provision whereby court could approve termination where parent without custody unreasonably withholds consent “contrary to the best interest of the child”, and added provisions specifying that when one parent’s rights are terminated, the remaining parent is sole parent and natural guardian and specifying court’s power to terminate rights of parent or putative father if such person consents to the termination and waives notice; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-592 added provisions re effect of claim for paternity on proceedings and, with P.A. 79-631, replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 divided section into Subsecs. and rephrased and reordered provisions; P.A. 82-202 amended Subsec. (d) by requiring finding upon standard of “clear and convincing evidence”; P.A. 83-387 inserted a new Subsec. (e) to require the court to consider and make written findings concerning certain factors in its determination of whether to terminate parental rights, and relettered the remaining subsection accordingly; P.A. 83-478 amended Subsec. (d) to rephrase the grounds for termination, to provide that “nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights”, to require the court to find in connection with any of the grounds, rather than just the abandonment ground, that the termination is in the best interests of the child and that the condition causing termination has existed for not less than one year, and to authorize the court to waive the requirement that one year expire prior to the termination of parental rights, but because of omission from June special session act, was effective only from October 1, 1983, through March 31, 1984, that is, until June act’s effective date of April 1, 1984; June Sp. Sess. P.A. 83-11 inserted a new Subsec. (b) re the appointment and payment of counsel, inserted a new Subsec. (d) re an examination of the child, parent or custodian and the payment for such examination, and relettered the intervening and remaining subsections accordingly, effective April 1, 1984; P.A. 84-171 amended Subsec. (f) to restore amendment made by P.A. 83-478; P.A. 84-449 substantially revised and rephrased section adding provisions re the procedure for termination of parental rights based on consent and revising provisions for the appointment and payment of counsel and the ordering of and payment for an examination of the child; P.A. 90-31 amended Subsec. (b) by adding provision that in the case of a probate court matter, reasonable compensation of counsel appointed for the parent or child shall be established by the probate court administrator and paid from the probate court administration fund and amended Subsec. (d) by adding provision that expenses in a probate court matter shall be paid from the probate court administration fund; Sec. 45-61f transferred to Sec. 45a-717 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-193 amended Subsec. (g) by adding provision re abandonment of a child under the age of 6 months as evidence that waiver necessary to promote best interest of child and requiring department to file affidavit indicating efforts used to locate parent; P.A. 94-81 amended Subsec. (k) by specifying that 90-day deadline for initial reports begins on date judgment is entered, by specifying that guardian or statutory parent to make subsequent report and requiring the court to convene hearing for review of plan no more than 15 months from date judgment is entered and at least once a year thereafter; P.A. 95-238 added Subsec. (f)(4) re unregenerate parents and Subsec. (g)(2) re children under age 7 and made technical changes; P.A. 95-316 amended Subsec. (k) by deleting reference to applicability in cases where termination of parental rights is “based on consent”; P.A. 96-130 made technical changes to Subsecs. (a), (b), (e), (f), (h) and (k); P.A. 96-170 amended Subsecs. (b) and (d) by changing funding of compensation of counsel and examination from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 96-246 revised section, amending Subsec. (f) to include granting of petitions based on consent and procedure when denial of petition based on consent, amending Subsec. (g) re grounds for granting termination petition, appointment of guardian or statutory parent and amending Subsec. (i) by adding “and made available” after “provided.” (Revisor’s note: In Subsec. (g) the word “which” was inserted editorially by the Revisors in the phrase “... and (2) over an extended period of time, except as provided in subsection (h) of this section, which shall not be less than one year ...”); P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 98-241 amended Subsec. (g) by adding “including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse”, amended Subpara. (D)(ii) re finding of neglect of child in custody for at least 15 months and parent has been provided specific steps to facilitate return of child, added Subparas. (F) and (G) re serious bodily harm or death of sibling or conviction of parent of sexual assault resulting in conception of child, and deleted Subsec. (h) re conditions for waiving time limit in Subsec. (g), effective July 1, 1998; P.A. 00-75 amended Subsec. (g)(2)(D)(i) by adding “or the Probate Court”; P.A. 00-137 amended Subsec. (g)(2) by making technical changes in Subpara. (D) and by adding “as an adult or a delinquent” and proviso that court may terminate parent’s parental rights at any time after conviction in Subpara. (G); P.A. 01-159 amended Subsec. (j) by requiring report 30 days after judgment re case plan and at least every 3 months thereafter re progress made on implementation of plan, adding provision that court may convene hearing on filing of report, requiring hearing for purpose of reviewing plan to convene not more than 12 months from judgment or date of last permanency hearing, and adding provision that at the hearing, the court shall determine whether department has made reasonable efforts to achieve permanency plan; P.A. 11-180 amended Subsec. (j) by adding provisions requiring court to approve placement of child or youth outside the state.

See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.

Annotations to former section 45-61f:

Cited. 175 C. 527. Held not to be unconstitutionally vague and not an impermissible delegation of unfettered discretion. 179 C. 155. Cited. 182 C. 545; 187 C. 431; 188 C. 259; 192 C. 254; 196 C. 18; 198 C. 138; 215 C. 277; 217 C. 459.

Cited. 3 CA 184; Id., 194; 6 CA 360; 8 CA 92; 9 CA 490; Id., 598; Id., 813; 11 CA 507; 13 CA 23; 14 CA 805; 21 CA 226; 24 CA 135; 25 CA 586; judgment reversed, see 223 C. 492; 29 CA 112.

Cited. 36 CS 94; 40 CS 316.

Annotations to present section:

Cited. 223 C. 492; 234 C. 194. Respondent father’s due process rights were not violated in termination of parental rights proceeding where he participated by telephone due to his incarceration and where his request for a trial transcript and a continuance were denied, because respondent did not identify on appeal any evidence or argument that he could have presented if trial court had granted his request for a transcript and a continuance. 300 C. 463.

Cited. 24 CA 135; 25 CA 586; judgment reversed, see 223 C. 492; 29 CA 600; 35 CA 490.

Cited. 44 CS 169.

Subsec. (a):

In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child’s best interest for respondent’s parental rights to be terminated. 111 CA 210.

Subsec. (b):

Requirement that the court advise a party that appears without counsel of such party’s right to counsel and right to have counsel appointed “at the hearing” during parental rights termination proceeding is not limited to the actual trial, but rather requires the court to advise such party when the party first appears without counsel after being served with a termination petition. 135 CA 470.

Subsec. (d):

Cited. 39 CA 353.

Subsec. (e):

Subdiv. (1) cited. 34 CA 176.

Incorrectly cited as “45a-117(e)(1)”. 44 CS 551.

Subsec. (f):

Cited. 217 C. 459. Subdiv. (3): Cannot be read together with Sec. 46b-129 so as to permit custody determinations made under that statute to lead directly to the termination determination made under this section; judgment of appellate court in 25 CA 586 reversed. 223 C. 492.

Subdiv. (3) cited. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 29 CA 176. Trial court determination to terminate parental rights upheld. 49 CA 541.

Subsec. (g):

Subdiv. (2)(A): While a respondent’s imprisonment alone does not constitute abandonment, it does not excuse his failure to attempt either to contact or to visit with his children. 120 CA 465. Subdiv. (2)(C): Court properly terminated parental rights of respondent on basis of no ongoing parent-child relationship because child had no emotional bond with respondent whom he had never seen and about whom he was not aware and it would be detrimental to child’s best interests to allow time for such a relationship to develop since child perceives his mother, stepfather and half sisters as his family and respondent is likely to be incarcerated for several additional years. Id. Subdiv. (2)(A) does not contemplate a sporadic showing of the indicia of interest, concern or responsibility for the welfare of a child, and a parent must maintain a reasonable degree of interest in the welfare of his or her child; the term “maintain” implies a continuing, reasonable degree of concern. Id., 712. Because the language in Subdiv. (2)(D) is virtually identical to that in Sec. 17a-112(j)(3)(B), the meaning and analytical framework applicable to that section applies to Subdiv. (2)(D). 134 CA 1.

Subsec. (h):

Cited. 34 CA 176; 40 CA 675.

Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation. (a) If a child is free for adoption as provided in section 45a-725, and no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, the Court of Probate shall appoint a statutory parent for the child upon petition for appointment of a statutory parent by the guardian of the person of the child or a duly authorized officer of any child care facility or child-placing agency. The petition shall be filed in the court of probate for the district in which the petitioner or child resides or in the district in which the main office or any local office of the petitioner or the proposed statutory parent is located. The statutory parent shall be the Commissioner of Children and Families or a child-placing agency. Notice of the proceeding shall be sent to the guardian of the person, the child, if over the age of twelve, the applicant, the Commissioner of Children and Families and the proposed statutory parent by registered or certified mail or otherwise, at least ten days before the date of the hearing. Notice is not required for any party who files in court a written waiver of notice.

(b) The statutory parent shall be the guardian of the person of the child, shall be responsible for the welfare of the child and the protection of his interests and shall retain custody of the child until he attains the age of eighteen unless, before that time, he is legally adopted or committed to the Commissioner of Children and Families or a licensed child-placing agency.

(c) Any statutory parent may resign or be removed for good cause shown. Upon filing of an application for the removal of a statutory parent or filing of a resignation of a statutory parent in the court of probate in which the statutory parent was appointed, the court shall schedule a hearing, on the removal application or resignation. Notice of such hearing shall be sent in accordance with section 45a-716, except that notice need not be sent to any parties whose rights have previously been terminated. At the hearing the court may accept the resignation, remove the statutory parent, or deny the application for removal. If a statutory parent is removed or resigns, the court of probate shall appoint a new statutory parent or a guardian of the person.

(P.A. 73-156, S. 9; P.A. 74-164, S. 8, 20; P.A. 75-420, S. 4, 6; P.A. 77-604, S. 53, 84; 77-614, S. 521, 610; P.A. 79-631, S. 80, 111; P.A. 80-476, S. 147; P.A. 86-194; P.A. 87-589, S. 12, 87; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 5.)

History: P.A. 74-164 applied provisions to cases where child is free for adoption rather than to cases “where parental rights have been terminated”, added notice provisions and added Subsec. (b) re resignation or removal of statutory parent; P.A. 75-420 replaced welfare commissioner with commissioner of social services in Subsec. (a); P.A. 77-604 replaced social services commissioner with commissioner of children and youth services, while P.A. 77-614 replaced social services commissioner with human resources commissioner, effective January 1, 1979; P.A. 79-631 resolved conflict in favor of P.A. 77-604; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-194 amended Subsec. (a) by adding provision re petition for appointment of statutory parent and deleting prior reference to appointments made under Sec. 45-61c; P.A. 87-589 required that notice be given to children over 12, rather than 14, years of age in Subsec. (a); Sec. 45-61h transferred to Sec. 45a-718 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (a) by substituting “child care facility” for “child care agency”.

Annotations to former section 45-61h:

Cited. 198 C. 138.

Cited. 41 CS 23.

Annotation to present section:

Cited. 45 CS 33.

Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant to common law or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition. Any person who has legal custody of the child or who has physical custody of the child pursuant to an agreement, including an agreement with the Department of Children and Families or a licensed child-placing agency, may provide evidence to the court concerning the best interest of the child at any hearing held on the motion to reopen or set aside a judgment terminating parental rights. For the purpose of this section, “best interest of the child” shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker’s household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.

(P.A. 93-91, S. 1, 2; 93-170, S. 1.)

History: P.A. 93-91 authorized substitution of commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Secs. 45a-720 to 45a-723. Reserved for future use.

PART III*

ADOPTION

*Sec. 45a-725 et seq. cited. 46 CA 69.

Sec. 45a-724–45a-737 cited. 45 CS 33.

Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption. (a) The following persons may give a child in adoption:

(1) A statutory parent appointed under the provisions of section 17a-112, section 45a-717 or section 45a-718 may, by written agreement, subject to the approval of the Court of Probate as provided in section 45a-727, give in adoption to any adult person any minor child of whom he or she is the statutory parent; provided, if the child has attained the age of twelve, the child shall consent to the agreement.

(2) Subject to the approval of the Court of Probate as provided in section 45a-727, any parent of a minor child may agree in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child; if that parent is (A) the surviving parent if the other parent has died; (B) the mother of a child born out of wedlock, provided that if there is a putative father who has been notified under the provisions of section 45a-716, the rights of the putative father have been terminated; (C) a former single person who adopted a child and thereafter married; or (D) the sole guardian of the person of the child, if the parental rights, if any, of any person other than the parties to such agreement have been terminated.

(3) Subject to the approval of the Court of Probate as provided in section 45a-727, any parent of a minor child may agree in writing with one other person who shares parental responsibility for the child with such parent that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to such agreement have been terminated.

(4) Subject to the approval of the Court of Probate as provided in section 45a-727, the guardian or guardians of the person of any minor child who is free for adoption in accordance with section 45a-725 may agree in writing with a relative that the relative shall adopt the child. For the purposes of this subsection “relative” shall include, but not be limited to, a person who has been adjudged by a court of competent jurisdiction to be the father of a child born out of wedlock, or who has acknowledged his paternity under the provisions of section 46b-172a, with further relationship to the child determined through the father.

(b) If all parties consent to the adoption under subdivision (2), (3) or (4) of subsection (a) of this section, then the application to be filed under section 45a-727 shall be combined with the consent termination of parental rights to be filed under section 45a-717. An application made under subdivision (2), (3) or (4) of subsection (a) of this section shall not be granted in the case of any child who has attained the age of twelve without the child’s consent.

(P.A. 73-156, S. 10; P.A. 74-164, S. 9, 20; P.A. 80-476, S. 148; P.A. 86-264, S. 9; P.A. 96-130, S. 8; P.A. 98-52, S. 3; P.A. 00-228, S. 2.)

History: P.A. 74-164 reworded Subsec. (b) and added Subsecs. (c) and (d); P.A. 80-476 reorganized Subsecs., combining former (a), (b) and (c) as Subsec. (a) and designating former Subsec. (d) as (b), and rephrased provisions; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-61i transferred to Sec. 45a-724 in 1991; P.A. 96-130 made technical changes to Subdiv. (3) of Subsec. (a); P.A. 98-52 amended Subsec. (a)(2) by deleting phrase “or the other parent has been removed as guardian of the person before October 1, 1973”; P.A. 00-228 amended Subsec. (a)(1) by making a technical change and (a)(2) by changing “if the other parent’s parental rights have been terminated” to “if the parental rights, if any, of any person other than the parties to such agreement have been terminated” and added new (a)(3) re agreement between parent of minor child and one other person who shares parental responsibility for child with parent that the other person shall adopt or join adoption of child, redesignating former Subdiv. (3) as Subdiv. (4), and amended Subsec. (b) by changing references to “subdivisions (2) and (3)” to “subdivisions (2), (3) or (4)”.

Annotations to former section 45-61i:

Cited. 198 C. 138.

Subsec. (a):

Cited. 41 CS 23.

Annotations to present section:

Cited. 45 CS 33.

Subsec. (a):

Only adoption agreements authorized by subsec. are statutory parent agreements, stepparent agreements and blood relative agreements. 247 C. 474.

Sec. 45a-724a. Placement for adoption with child-placing agency by Commissioner of Children and Families. Upon the termination of parental rights by the court pursuant to section 17a-112 or 45a-717, the court, at the request of the Commissioner of Children and Families as statutory parent, may order any child-placing agency to place the child for adoption.

(P.A. 99-166, S. 13.)

Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption. A minor child shall be considered free for adoption and the Court of Probate may grant an application for the appointment of a statutory parent if any of the following have occurred: (a) The child has no living parents; (b) all parental rights have been terminated under Connecticut law; (c) (1) in the case of any child from outside the United States, its territories or the Commonwealth of Puerto Rico placed for adoption by the Commissioner of Children and Families or by any child-placing agency, the petitioner has filed an affidavit that the child has no living parents or that the child is free for adoption and that the rights of all parties in connection with the child have been properly terminated under the laws of the jurisdiction in which the child was domiciled before being removed to the state of Connecticut; or (2) in the case of any child from any of the United States, its territories or the Commonwealth of Puerto Rico placed by the Commissioner of Children and Families or a child-placing agency, the petitioner has filed an affidavit that the child has no living parents or has filed in court a certified copy of the court decree in which the rights of all parties in connection with the child have been terminated under the laws of the jurisdiction in which the child was domiciled before being removed to the state of Connecticut, and the child-placing agency obtained guardianship or other court authority to place the child for adoption. If no such affidavit or certified decree has been filed, then termination of parental rights proceedings shall be required.

(P.A. 74-164, S. 7, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 81, 111; P.A. 80-476, S. 149; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 9; P.A. 98-52, S. 4.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 rephrased provisions; Sec. 45-61j transferred to Sec. 45a-725 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-130 deleted list of specific statute sections governing termination of parental rights; P.A. 98-52 deleted former Subdiv. (b) re removal of parents as guardians of the person before October 1, 1973 and redesignated Subdivs. (c) and (d) as (b) and (c), respectively.

Annotations to former section 45-61j:

Cited. 41 CS 23.

Subdiv. (c):

Cited. 168 C. 421.

Annotations to present section:

Cited. 45 CS 33.

Subsec. (c):

Cited. 46 CA 69.

Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency. (a) If the Commissioner of Children and Families or a child-placing agency is appointed as statutory parent for any child free for adoption, the commissioner or such agency shall not refuse to place or delay placement of such child with any prospective adoptive parent solely on the basis of a difference in race, color or national origin.

(b) The Commissioner of Children and Families or the child-placing agency, in determining placement for each child, shall focus on the particular needs of the child and the capacity of the prospective adoptive parent to meet such needs. Whenever possible, siblings should be placed with the same prospective adoptive parent unless it is determined not to be in the best interests of a sibling.

(c) The Commissioner of Children and Families shall not discriminate in preparing a home study or in placing a child with a prospective adoptive parent based on whether the prospective parent is or is not willing to become a foster parent pending an adoption placement.

(P.A. 86-330, S. 1; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 10; P.A. 99-166, S. 9; P.A. 00-137, S. 9.)

History: Sec. 45-61l transferred to Sec. 45a-726 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-130 deleted reference to Sec. 45a-725; P.A. 99-166 divided section into subsections and amended Subsec. (a) by adding “or a child-placing agency” and provision that placement shall not be refused or delayed on the basis of difference in race, color or national origin and added Subsec. (b) re focus on particular needs of child and capacity of prospective adoptive parents to meet such needs in determination of placement and that whenever possible siblings should be placed with same prospective adoptive parents, unless not in best interest of a sibling; P.A. 00-137 added Subsec. (c) prohibiting discrimination by commissioner in preparing home study or placing child with prospective adoptive parent based on whether prospective adoptive parent is or is not willing to become foster parent pending adoption.

Sec. 45a-726a. Consideration of sexual orientation of prospective adoptive or foster parent. Notwithstanding any provision of sections 4a-60a and 46a-81a to 46a-81p, inclusive, the Commissioner of Children and Families or a child-placing agency may consider the sexual orientation of the prospective adoptive or foster parent or parents when placing a child for adoption or in foster care. Nothing in this section shall be deemed to require the Commissioner of Children and Families or a child-placing agency to place a child for adoption or in foster care with a prospective adoptive or foster parent or parents who are homosexual or bisexual.

(P.A. 91-58, S. 18; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 11.)

History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-130 made a technical change.

Sec. 45a-726b. Recruitment of minority families not to delay placement of adoptive child. The recruitment of minority families may not be a reason to delay placement of a child with an available family of a race or ethnicity different from that of the child.

(P.A. 99-166, S. 14.)

Sec. 45a-727. (Formerly Sec. 45-63). Application and agreement for adoption. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree. (a)(1) Except as provided in section 46b-129b, each adoption matter shall be instituted by filing an application in a Court of Probate, together with the written agreement of adoption, in duplicate. One of the duplicates shall be sent immediately to the Commissioner of Children and Families.

(2) The application shall incorporate a declaration that to the best of the knowledge and belief of the declarant there is no other proceeding pending or contemplated in any other court affecting the custody of the child to be adopted, or if there is such a proceeding, a statement in detail of the nature of the proceeding and affirming that the proposed adoption would not conflict with or interfere with the other proceeding. The court shall not proceed on any application which does not contain such a declaration. For the purposes of this declaration, visitation rights granted by any court shall not be considered as affecting the custody of the child.

(3) An application for the adoption of a minor child not related to the adopting parents shall not be accepted by the Court of Probate unless (A) the child sought to be adopted has been placed for adoption by the Commissioner of Children and Families or a child-placing agency, and the placement for adoption has been approved by the commissioner or a child-placing agency; (B) the placement requirements of this section have been waived by the Adoption Review Board as provided in section 45a-764; (C) the application is for adoption of a minor child by a stepparent as provided in section 45a-733; or (D) the application is for adoption of a child by another person who shares parental responsibility for the child with the parent as provided in subdivision (3) of subsection (a) of section 45a-724. The commissioner or a child-placing agency may place a child in adoption who has been identified or located by a prospective parent, provided any such placement shall be made in accordance with regulations promulgated by the commissioner pursuant to section 45a-728. If any such placement is not made in accordance with such regulations, the adoption application shall not be approved by the Court of Probate.

(4) The application and the agreement of adoption shall be filed in the Court of Probate for the district where the adopting parent resides or in the district where the main office or any local office of the statutory parent is located.

(5) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the interstate compact on the placement of children, shall apply to adoption placements.

(b) (1) The Court of Probate shall request the commissioner or a child-placing agency to make an investigation and written report to it, in duplicate, within sixty days from the receipt of such request. A duplicate of the report shall be sent immediately to the Commissioner of Children and Families.

(2) The report shall be filed with the Court of Probate within the sixty-day period. The report shall indicate the physical and mental status of the child and shall also contain such facts as may be relevant to determine whether the proposed adoption will be in the best interests of the child, including the physical, mental, genetic and educational history of the child and the physical, mental, social and financial condition of the parties to the agreement and the biological parents of the child, if known, and whether the best interests of the child would be served in accordance with the criteria set forth in section 45a-727a. The report shall include a history of physical, sexual or emotional abuse suffered by the child, if any. The report may set forth conclusions as to whether or not the proposed adoption will be in the best interests of the child.

(3) The physical, mental and genetic history of the child shall include information about: (A) The child’s health status at the time of placement; (B) the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information; (C) a record of immunizations for the child; and (D) the available results of medical, psychological, psychiatric and dental examinations of the child. The report shall include information, to the extent known, about past and existing relationships between the child and the child’s siblings, biological parents, extended family, and other persons who have had physical possession of or legal access to the child. The educational history of the child shall include, to the extent known, information about the enrollment and performance of the child in educational institutions, results of educational testing and standardized tests for the child, and special educational needs, if any, of the child.

(4) The adoptive parents are entitled to receive copies of the records and other information relating to the history of the child maintained by the commissioner or child-placing agency. The adoptive parents are entitled to receive copies of the records, provided if required by law, the copies have been edited to protect the identity of the biological parents and any other person whose identity is confidential and other identifying information relating to the history of the child. It is the duty of the person placing the child for adoption to edit, to the extent required by law, the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(5) The report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and such person shall be subject to examination.

(6) For any report under this section the Court of Probate may assess against the adopting parent or parents a reasonable fee covering the cost and expenses of making the investigation. The fee shall be paid to the state or to the child-placing agency making the investigation and report, provided the report shall be made within the sixty-day period or other time set by the court.

(c) (1) Upon the expiration of the sixty-day period or upon the receipt of such report, whichever is first, the Court of Probate shall set a day for a hearing upon the agreement and shall give reasonable notice of the hearing to the parties to the agreement, the child-placing agency if such agency is involved in the adoption, the Commissioner of Children and Families and the child, if over twelve years of age.

(2) At the hearing the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is in the best interests of the child or order a further investigation and written report to be filed, in duplicate, within whatever period of time it directs. A duplicate of such report shall be sent to the commissioner. The court may adjourn the hearing to a day after that fixed for filing the report. If such report has not been filed with the court within the specified time, the court may thereupon deny the application or enter a final decree in the manner provided in this section.

(3) The Court of Probate shall not disapprove any adoption under this section solely because of an adopting parent’s marital status or because of a difference in race, color or religion between a prospective adopting parent and the child to be adopted or because the adoption may be subsidized in accordance with the provisions of section 17a-117.

(4) The Court of Probate shall ascertain as far as possible the date and the place of birth of the child and shall incorporate such facts in the final decree, a copy of which shall be sent to the Commissioner of Children and Families.

(1949 Rev., S. 6867; 1957, P.A. 203, S. 1; 1961, P.A. 156; February, 1965, P.A. 488, S. 13; 1969, P.A. 529; P.A. 73-156, S. 12; P.A. 74-164, S. 10, 20; P.A. 75-163, S. 4; 75-164, S. 1, 3; P.A. 80-476, S. 150; P.A. 85-285, S. 1, 4; P.A. 86-264, S. 10; P.A. 89-363, S. 1; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 12; P.A. 99-166, S. 10; P.A. 00-196, S. 33; 00-228, S. 3; P.A. 12-82, S. 19; June 12 Sp. Sess. P.A. 12-1, S. 143.)

History: 1961 act substituted “blood relative descended from a common ancestor not more than three generations removed ...” for “sister, brother, aunt, uncle or grandparent” in Subdiv. (1); 1965 act required that welfare commissioner be notified of hearing; 1969 act defined “child” and “blood relative” for purposes of Subdiv. (1); P.A. 73-156 required that adoption application contain declaration that no other proceeding is pending or contemplated which would affect custody of the child and prohibited court from proceeding on application which does not contain the required declaration, referred to statutory parent rather than to welfare commissioner or agencies licensed by him, deleted provisions requiring that report contain child’s religious affiliation, the identity of parties to the agreement and natural parents if known, deleted provisions re interlocutory decree pending final action on adoption and prohibited disapproval of adoption solely because of adopting parent’s marital status or difference in race, color or religion between prospective parent and child to be adopted; P.A. 74-164 clarified provision re declaration that no other proceedings are pending or contemplated and added provision re statement that other proceedings, if existing, do not conflict with proposed adoption, simplified statement re permissible circumstances for acceptance of adoption application, prohibited disapproval of adoption solely because adoption may be subsidized in accordance with Sec. 17-44b and required that copy of decree be sent to welfare commissioner; P.A. 75-163 replaced welfare commissioner with “commissioner of the department of children and youth services”; P.A. 75-164 clarified that in terms of required declaration, visitation rights granted by court are not considered to affect custody; P.A. 80-476 divided section into Subsecs. and Subdivs. and rephrased provisions; P.A. 85-285 amended Subsec. (a)(3) to permit adoption placement of child identified or located by prospective parent, provided placement is in accordance with regulations, effective on date regulations are adopted pursuant to Sec. 45-63b, i.e., June 19, 1986; P.A. 86-264 changed age of minor from 14 to 12 years of age; P.A. 89-363 amended Subsec. (a)(5) by providing that Sec. 17-81a, regarding interstate compact on placement of children, shall apply to adoption placements; Sec. 45-63 transferred to Sec. 45a-727 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-130 made technical changes to section and in Subsec. (a)(3) deleted phrase “except as provided in section 45a-764” and added Subparas. (B) and (C) re waiver by Adoption Review Board and adoption by stepparent; P.A. 99-166 amended Subsec. (b)(1) by changing report to Probate Court from 90 to 60 days from receipt of request and (b)(2) by requiring report to include genetic and educational history of child and history of physical, sexual or emotional abuse suffered by child, if any, and added (b)(3) and (4) detailing the required contents of the report and providing that adoptive parents are entitled to copies of records and other information re history of child, provided copies have been edited to protect identity of biological parents; P.A. 00-196 made a technical change in Subsec. (c)(1); P.A. 00-228 added Subsec. (a)(3)(D) providing exception for application for adoption of child by another person who shares parental responsibility for child with parent and amended Subsec. (b)(2) by adding requirement that report indicate whether the best interests of the child would b served in accordance with criteria in Sec. 45a-727a; P.A. 12-82 amended Subsec. (a)(2) to delete provision re application to be signed by one or more parties to agreement, who may waive notice of hearing; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a)(1) to add exception re Sec. 46b-129b.

Annotations to former section 45-63:

No right to deprive court of jurisdiction by withdrawing consent after application had been filed. 138 C. 593. Cited. 152 C. 706. Facts support conclusion of trial court there is no basis for setting aside adoption decree for failure of commissioner to “indicate the physical and mental status of the child”. Cited. 157 C. 596. Cited. 198 C. 138. Public policy reflected in this section and Secs. 45-61b(g) and 45-64a does not forbid agreement about visiting rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407.

If child is under fourteen, not necessary to give him notice of proceedings. 13 CS 195. Cited. 17 CS 224.

Annotations to present section:

Cited. 45 CS 33.

Subsec. (a):

Subdiv. (1) limits jurisdiction of Probate Court to adoption applications accompanied by a written adoption agreement authorized by Sec. 45a-724(a); appointment of statutory parent is a condition precedent to initiation of statutory parent adoption proceeding. Placement requirement of Subdiv. (3) does not apply to adoption applications that are not supported by a statutory parent adoption agreement pursuant to Sec. 45a-724(a)(1). 247 C. 474.

Sec. 45a-727a. Legislative findings re best interests of child. The General Assembly finds that:

(1) The best interests of a child are promoted by having persons in the child’s life who manifest a deep concern for the child’s growth and development;

(2) The best interests of a child are promoted when a child has as many persons loving and caring for the child as possible; and

(3) The best interests of a child are promoted when the child is part of a loving, supportive and stable family, whether that family is a nuclear, extended, split, blended, single parent, adoptive or foster family.

(P.A. 00-228, S. 1; P.A. 09-13, S. 9.)

History: P.A. 09-13 deleted former Subdiv. (4) that provided “It is further found that the current public policy of the state of Connecticut is now limited to a marriage between a man and a woman”, effective April 23, 2009.

Sec. 45a-727b. Endorsement of rights and responsibilities of unmarried persons to child subject to adoption, but not marriage or union of such persons. Nothing in this section and sections 45a-724, 45a-727, 45a-727a and 45a-731 shall be construed to establish or constitute an endorsement of any public policy with respect to marriage, civil union or any other form of relation between unmarried persons or with respect to any rights of or between such persons other than their rights and responsibilities to a child who is a subject of an adoption as provided for in sections 45a-724 and 45a-727.

(P.A. 00-228, S. 5.)

Legislature does not intend to recognize civil unions by either its amendment of the adoption statutes to allow adoption of a child by a second person other than the parent’s spouse, or by its failure to enact a version of the Defense of Marriage Act. 71 CA 372.

Sec. 45a-728. (Formerly Sec. 45-63b). Regulations re adoption placement of children identified or located by prospective parents. The Commissioner of Children and Families shall adopt regulations in accordance with chapter 54 concerning adoption placement of children who have been identified or located by prospective adoptive parents. Such regulations shall provide that for adoptions involving an identified expectant mother, counseling of the birth mother shall be required within seventy-two hours of birth of the child, or as soon as medically possible after the birth, and that permissible payment of expenses for birth parent counseling shall include the cost of transportation. Such counseling may be provided by a person with a master’s or doctoral degree in counseling, psychology or related mental health disciplines from an accredited college or university.

(P.A. 85-285, S. 2, 4; P.A. 91-252, S. 1; P.A. 93-50; 93-81, S. 2; 93-91, S. 1, 2; P.A. 96-130, S. 13.)

History: Sec. 45-63b transferred to Sec. 45a-728 in 1991; P.A. 91-252 added provision requiring regulations to provide that in identified adoptions involving expectant mother, counseling of mother shall be required within 72 hours of birth or as soon as medically possible; P.A. 93-50 added provision permitting counseling to be provided by person with masters or doctoral degree in counseling, psychology or related discipline; P.A. 93-81 added provision re permissible payment of counseling expenses to include cost of transportation; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-130 deleted obsolete reference to December 31, 1986.

Sec. 45a-728a. Participation in birth and visitation of newborn identified for adoption by prospective adoptive parents. Prospective adoptive parents may participate in the labor and birth of the child identified for adoption and may visit with such newborn child, provided the birth mother, the child-placing agency and her physician agree and such participation and visitation are consistent with the medically necessary procedures of the hospital.

(P.A. 91-252, S. 2; P.A. 96-130, S. 14.)

History: P.A. 96-130 changed “adoption” to “child-placing” agencies.

Sec. 45a-728b. Discharge of newborn identified for adoption from hospital. Prospective adoptive parents permitted to attend hospital programs re infant care. Any licensed hospital discharging a newborn infant identified for adoption to a child-placing agency shall arrange for the physical transfer of custody of such infant to take place in a safe, secure and private room on the hospital premises. The prospective adoptive parents may be present at the discharge with the approval of the child-placing agency. At the time of discharge, the hospital shall provide such prospective adoptive parents or child-placing agency with any nonidentifying information customarily provided to birth parents upon discharge concerning the care, feeding and health of the infant. The hospital shall provide the child-placing agency with the medical information concerning the birth mother and the infant within a reasonable time. Such prospective adoptive parents shall be permitted to participate in any program of instruction regarding infant care and child development that is made available by such licensed hospital to birth parents, provided such prospective adoptive parents pay the cost of such participation in such program.

(P.A. 91-252, S. 3; P.A. 92-179, S. 3; P.A. 96-130, S. 15.)

History: P.A. 92-179 amended provision re hospital discharge of newborn infant identified for adoption, permitting adoptive parents to be present at discharge with the approval of adoption agency, adding “nonidentifying” before “information”, requiring hospital to provide information re feeding of infant, and requiring hospital to provide adoption agency with medical information concerning birth mother and infant; P.A. 96-130 changed “adoption” to “child-placing” agencies.

Sec. 45a-728c. Payment of expenses of birth mother by prospective adoptive parents. With respect to adoption placement of children who have been identified or located by prospective adoptive parents, payment for the living expenses of the birth mother by the prospective adoptive parents shall be permitted in an amount not to exceed one thousand five hundred dollars or such amount as may be approved in unusual circumstances by the probate court for the district where the child-placing agency is located or where the prospective adoptive parents reside. In addition to the payment of living expenses, payment by the prospective adoptive parents of reasonable telephone and maternity clothing expenses of the birth mother shall be permitted.

(P.A. 93-81, S. 1.)

Sec. 45a-728d. Advertising by birth parent and prospective adoptive parent for purpose of identified adoption. Any birth parent may advertise through any public media in this state for the placement of his or her child for the purposes of identified adoption. Any prospective adoptive parent may advertise through any public media in this state for placement of a child into his or her care for the purposes of identified adoption.

(P.A. 93-101; P.A. 96-130, S. 16.)

History: P.A. 96-130 made a technical change.

Sec. 45a-729. (Formerly Sec. 45-63c). Penalty for violation of provisions re adoption placement. Any person who places a child for adoption in violation of section 45a-727 or 45a-764 or assists in such a placement shall be fined not more than five thousand dollars or imprisoned not less than one year or more than five years, or both.

(P.A. 85-285, S. 3, 4; P.A. 07-217, S. 165.)

History: Sec. 45-63c transferred to Sec. 45a-729 in 1991; P.A. 07-217 made technical changes, effective July 12, 2007.

Sec. 45a-730. (Formerly Sec. 45-63d). Validation of foreign adoption. Petition filed in Probate Court. (a) Notwithstanding the provisions of section 45a-727, when the adoption of a minor child born outside the United States or its territories has been finalized in a jurisdiction other than the United States or its territories, and such minor is unable to obtain citizenship in the United States because the adoptive parents did not personally see and observe the child prior to or during the adoption proceedings, a petition for validation of such adoption may be filed with a court of probate.

(b) The petition may be made by an adoptive parent or a duly authorized officer of any child-placing agency.

(c) The petition shall be filed in the court of probate in which the petitioner resides or in the district in which the main office or any local office of the child-placing agency is located.

(d) The petition shall be accompanied by an authenticated and exemplified copy of the adoption unless, upon a showing of good cause, the court waives such requirement.

(e) Upon receipt of the petition the court shall hold a hearing on said petition within forty-five days and shall order such notice as it may direct.

(f) The court may validate the adoption of the minor child if it finds after hearing that: (1) The adoption of the child born outside the United States or its territories occurred outside the United States or its territories and (2) United States Immigration and Naturalization Service refuses to naturalize said minor because the adoptive parents did not personally see and observe the child prior to or during the adoption proceedings, and (3) it is in the best interest of the child.

(g) Any validation pursuant to a petition filed under this section shall not be construed to validate an adoption otherwise invalid in accordance with the law of the place of adoption.

(P.A. 87-28; P.A. 96-130, S. 17.)

History: Sec. 45-63d transferred to Sec. 45a-730 in 1991; P.A. 96-130 made technical change in Subsec. (f).

Sec. 45a-731. (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights. A final decree of adoption, whether issued by a court of this state or a court of any other jurisdiction, shall have the following effect in this state:

(1) All rights, duties and other legal consequences of the biological relation of child and parent shall thereafter exist between the adopted person and the adopting parent and the relatives of such adopting parent. Such adopted person shall be treated as if such adopted person were the biological child of the adopting parent, for all purposes including the applicability of statutes which do not expressly exclude an adopted person in their operation or effect;

(2) The adopting parent and the adopted person shall have rights of inheritance from and through each other and the biological and adopted relatives of the adopting parent. The right of inheritance of an adopted person extends to the heirs of such adopted person, and such heirs shall be the same as if such adopted person were the biological child of the adopting parent;

(3) The adopted person and the biological children and other adopted children of the adopting parent shall be treated, unless otherwise provided by statute, as siblings, having rights of inheritance from and through each other. Such rights of inheritance extend to the heirs of such adopted person and of the biological children and other adopted children, and such heirs shall be the same as if each such adopted person were the biological child of the adopting parent;

(4) The adopted person shall, except as hereinafter provided, be treated as if such adopted person were the biological child of the adopting parent for purposes of the applicability of all documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly exclude an adopted person in their operation or effect. The words “child”, “children”, “issue”, “descendant”, “descendants”, “heir”, “heirs”, “lawful heirs”, “grandchild” and “grandchildren”, when used in any will or trust instrument shall include legally adopted persons unless such document clearly indicates a contrary intention. Nothing in this section shall be construed to alter or modify the provisions of section 45a-257 concerning revocation of a will when a child is born as the result of artificial insemination;

(5) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the legal relationship between the adopted person and the adopted person’s biological parent or parents and the relatives of such biological parent or parents is terminated for all purposes, including the applicability of statutes which do not expressly include such an adopted person in their operation and effect. The biological parent or parents of the adopted person are relieved of all parental rights and responsibilities;

(6) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the biological parent or parents and their relatives shall have no rights of inheritance from or through the adopted person, nor shall the adopted person have any rights of inheritance from or through the biological parent or parents of the adopted person and the relatives of such biological parent or parents, except as provided in this section;

(7) Except in the case of an adoption as provided in subdivision (2) or (3) of subsection (a) of section 45a-724, the legal relationship between the adopted person and the adopted person’s biological parent or parents and the relatives of such biological parent or parents is terminated for purposes of the construction of documents and instruments, whether executed before or after the adoption decree is issued, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship, except as provided in this section;

(8) Notwithstanding the provisions of subdivisions (1) to (7), inclusive, of this section, when one of the biological parents of a minor child has died and the surviving parent has remarried subsequent to such parent’s death, adoption of such child by the person with whom such remarriage is contracted shall not affect the rights of such child to inherit from or through the deceased parent and the deceased parent’s relatives;

(9) Nothing in this section shall deprive an adopted person who is the biological child of a veteran who served in time of war as defined in section 27-103 of aid under the provisions of section 27-140 or deprive a child receiving benefits under the Social Security Act, 42 USC Sec. 301 et seq., as amended from time to time, from continued receipt of benefits authorized under said act;

(10) Except as provided in subdivision (11) of this section, the provisions of law in force prior to October 1, 1959, affected by the provisions of this section shall apply to the estates or wills of persons dying prior to said date and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor’s power to revoke or amend;

(11) The provisions of subdivisions (1) to (9), inclusive, of this section shall apply to the estate or wills of persons dying prior to October 1, 1959, and to inter vivos instruments executed prior to said date and which on said date were not subject to the grantor’s power to revoke or amend, unless (A) a contrary intention of the testator or grantor is demonstrated by clear and convincing evidence, or (B) distribution of the estate or under the will or under the inter vivos instrument has been or will be made pursuant to court order entered prior to October 1, 1991;

(12) No fiduciary, distributee of the estate or person to whom a legacy has been paid shall be liable to any other person for any action taken or benefit received prior to October 1, 1991, provided any such action was taken or benefit was received in good faith by such fiduciary, distributee or legatee with respect to the applicability of statutes concerning the rights of inheritance or rights to take of adopted persons under any instrument executed prior to October 1, 1959;

(13) No fiduciary shall have the obligation to determine the rights of inheritance or rights to take of an adopted person under an instrument executed prior to October 1, 1959, unless the fiduciary receives a written claim for benefits by or on behalf of such adopted person.

(P.A. 73-156, S. 14; P.A. 80-476, S. 151; P.A. 81-43; P.A. 91-83; P.A. 96-130, S. 18; P.A. 00-228, S. 4; P.A. 01-195, S. 32, 181.)

History: P.A. 80-476 rephrased provisions; P.A. 81-43 replaced provisions of previous section re effect of adoption decree; Sec. 45-64a transferred to Sec. 45a-731 in 1991; P.A. 91-83 amended Subdiv. (10) by adding exception re Subdiv. (11) and added Subdivs. (11) to (13), inclusive, which provide that (1) provisions of Subdivs. (1) to (9), inclusive, shall apply to estate or wills of persons dying prior to October 1, 1959, unless contrary intention of grantor is demonstrated by clear and convincing evidence or distribution has been or will be made pursuant to court order entered prior to October 1, 1991, (2) immunity from liability of fiduciary, distributee or legatee acting in good faith and (3) fiduciary shall not have obligation to determine rights of inheritance of adopted persons under instrument executed prior to October 1, 1959, unless fiduciary receives written claim; P.A. 96-130 made technical changes, including changing “genetic” to “biological”; P.A. 00-228 made technical changes in Subdivs. (1) and (4) to (7), inclusive, and amended Subdivs. (5), (6) and (7) by adding exception in case of adoption as provided in Sec. 45a-724 (a)(2) or (3); P.A. 01-195 made technical changes in Subdivs. (5), (11), and (12), effective July 11, 2001.

Annotations to former section 45-64a:

Cited. 204 C. 450. Public policy reflected in this section and Secs. 45-61b(g) and 45-63 does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407. Cited. 212 C. 678. Cited. 217 C. 260.

Subdiv. (4):

Term “issue” discussed. 213 C. 573.

Subdiv. (5):

Cited. 41 CS 23.

Subdiv. (6):

Cited. 41 CS 23.

Sec. 45a-731a. Issuance of final adoption decree notwithstanding death of child. If (1) a minor child, free for adoption pursuant to section 45a-725 on or after January 1, 1995, was placed with prospective adoptive parents by the Commissioner of Children and Families or a licensed child-placing agency, (2) an application for adoption was filed with the court of probate having jurisdiction, and (3) the child died prior to April 30, 1995, the court may enter a final decree approving such adoption, notwithstanding the death of such minor child prior to the final adoption decree, provided such adoption is solely for the purpose of establishing a name for the child and rights concerning burial. No other right or responsibility shall inure as a result of an adoption approved pursuant to this section.

(P.A. 95-316, S. 16.)

Sec. 45a-732. (Formerly Sec. 45-62). Husband and wife to join in adoption. A married person shall not adopt a child unless both husband and wife join in the adoption agreement, except that the Court of Probate may approve an adoption agreement by either of them upon finding that there is sufficient reason why the other should not join in the agreement.

(1949 Rev., S. 6868; P.A. 73-156, S. 11; P.A. 80-476, S. 152.)

History: P.A. 73-156 deleted detailed provisions re adoption by spouse of remarried widowed parent, of mother of child born out of wedlock, of single person who previously adopted a child, etc.; P.A. 80-476 reworded section; Sec. 45-62 transferred to Sec. 45a-732 in 1991.

Annotations to former section 45-62:

Cited. 152 C. 706.

Where husband did not join in adoption, probate court was without jurisdiction to approve adoption agreement. 18 CS 181.

Sec. 45a-733. (Formerly Sec. 45-63a). Procedure on application for adoption by stepparent. (a) Notwithstanding the provisions of section 45a-727, in the case of a child sought to be adopted by a stepparent, the Court of Probate may waive all requirements of notice to the Commissioner of Children and Families and shall waive, unless good cause is shown for an investigation and report, all requirements for investigation and report by the Commissioner of Children and Families or by a child-placing agency. Upon receipt of the application and agreement, the Court of Probate may set a day for a hearing upon the agreement and shall give reasonable notice of the hearing to the parties to the agreement and to the child, if over twelve years of age.

(b) At the hearing the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is in the best interests of the child, or, for good cause shown, order an investigation by the Commissioner of Children and Families or a child-placing agency.

(1971, P.A. 514, S. 1; P.A. 73-156, S. 13; P.A. 74-164, S. 11, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 82, 111; P.A. 80-476, S. 153; P.A. 86-264, S. 11; P.A. 93-91, S. 1, 2; 93-335; P.A. 96-130, S. 19.)

History: P.A. 73-156 substituted “a child-placing agency licensed under section 17-50” for “one of the organizations or institutions specified in section 45-16”; P.A. 74-164 deleted reference to adoption by blood relative descended from common ancestor not more than three generations removed from the child, deleted provision allowing waiver of requirement that copy of application and adoption agreement be sent to welfare commissioner, deleted reference to licensure of agency under Sec. 17-50 and deleted reference to courts power to enter interlocutory decree; P.A. 75-420 replaced welfare commissioner with social services commissioner; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-63a transferred to Sec. 45a-733 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-335 amended Subsec. (a) by requiring waiver of all requirements of investigation and report unless good cause is shown and amended Subsec. (b) by adding “for good cause shown”; P.A. 96-130 made a technical change in Subsec. (b).

Cited. 45 CS 33.

Sec. 45a-734. (Formerly Sec. 45-67). Adoption of adults. Inheritance. (a) Any person eighteen years of age or older may, by written agreement with another person at least eighteen years of age but younger than himself or herself, unless the other person is his or her wife, husband, brother, sister, uncle or aunt of the whole or half-blood, adopt the other person as his or her child, provided the written agreement shall be approved by the court of probate for the district in which the adopting parent resides or, if the adopting parent is not an inhabitant of this state, for the district in which the adopted person resides.

(b) The Court of Probate may, upon presentation of the agreement of adoption for approval, cause public notice to be given of the time and place of hearing on the agreement. If at the hearing the court finds that it will be for the welfare of the adopted person and for the public interest that the agreement be approved, it may pass an order of approval of it and cause the agreement and the order to be recorded. Thereupon the adopted person shall become the legal child of the adopting person, and the adopting person shall become the legal parent of the adopted person, and the provisions of section 45a-731 shall apply.

(c) A married person shall not adopt a person under the provisions of this section unless both husband and wife join in the adoption agreement, except that the Court of Probate may approve an adoption agreement by either of them upon finding that there is sufficient reason why the other should not join in the agreement.

(d) When one of the biological parents of an adult has died and the surviving parent remarries, the person with whom the remarriage is celebrated may become an adopting parent without the biological parent’s joining in the adoption except to consent in writing. Upon the approval of the court, the adopted person shall be in law the child of both.

(1949 Rev., S. 6871; 1961, P.A. 77; 1963, P.A. 460; P.A. 73-156, S. 16; P.A. 80-476, S. 154; P.A. 96-130, S. 20.)

History: 1961 act substituted “may” for “shall” in provision re court’s power to cause public notice to be given of hearing time and place; 1963 act rephrased provision requiring adoption by both husband and wife, adding exception; P.A. 73-156 applied provisions to persons “at least eighteen years of age” rather than to persons “of full age”, specified that adopted person has rights detailed in Secs. 45-64a and 45-69b, deleting reference to reciprocal rights and duties of natural parent and child and detailed provisions re inheritance; P.A. 80-476 divided section into Subsecs., rephrased provisions and deleted reference to Sec. 45-69b; Sec. 45-67 transferred to Sec. 45a-734 in 1991; P.A. 96-130 made technical changes, including changing “natural” to “biological” and “solemnized” to “celebrated” in Subsec. (d).

Annotation to former section 45-67:

Written agreement may be supplemented by oral agreement as to property settlement. 96 C. 478.

Sec. 45a-735. (Formerly Sec. 45-68). Husband or wife of adopted adult to consent. An agreement of adoption between persons of the age of majority shall not be approved without the written consent of the husband or wife, if any, of the adopted person.

(1949 Rev., S. 6872; P.A. 80-476, S. 155.)

History: P.A. 80-476 rephrased section but made no substantive change; Sec. 45-68 transferred to Sec. 45a-735 in 1991.

Sec. 45a-736. (Formerly Sec. 45-66a). Change of name of adopted person. Any court of probate, as part of its approval of any agreement of adoption or declaration of an intention to adopt, may change the name of the person adopted, as requested by the adopting parent or parents.

(1949 Rev., S. 6873.)

History: Sec. 45-69 transferred to Sec. 45-66a in 1979; Sec. 45-66a transferred to Sec. 45a-736 in 1991.

Annotation to former section 45-66a:

Cited. 17 CA 627.

Sec. 45a-737. (Formerly Sec. 45-66b). Obliteration of original name on institutional records, new name substituted. Upon the request of an adopting parent of a child adopted under the provisions of section 45a-727, any public or quasi-public institution, including but not limited to schools and hospitals, shall obliterate the original family name of an adopted child and substitute the new name of the child on its records; except that the person in charge of the records may apply to the court of probate having jurisdiction over the adoption and show cause why the name shall not be substituted. The court may grant or deny the order for the substitution of names as it deems to be in the best interests of the child.

(P.A. 75-150; P.A. 80-476, S. 156.)

History: Sec. 45-69a transferred to Sec. 45-66b in 1979; P.A. 80-476 rephrased provisions; Sec. 45-66b transferred to Sec. 45a-737 in 1991.

Secs. 45a-738 to 45a-742. Reserved for future use.

PART IV*

AVAILABILITY AND CONFIDENTIALITY
OF ADOPTION RECORDS

*Annotations to former chapter 778, part II (Sec. 45-68a et seq.):

Cited. 216 C. 563. Sec. 45-68a et seq. cited. Id.

Cited. 8 CA 216.

Sec. 45a-743. (Formerly Sec. 45-68c). Definitions. For the purposes of sections 7-53, 45a-743 to 45a-757, inclusive, and 46b-124, the following terms have the following meanings:

(1) “Adoptable person” means a person who has not been adopted but whose biological parents had their parental rights terminated under the laws of the state of Connecticut.

(2) “Adopted person” means (A) a person who was adopted under the laws of the state of Connecticut or (B) a person who was adopted in another jurisdiction but whose biological parents have had their parental rights terminated in the state of Connecticut.

(3) “Authorized applicant” means (A) an adult adopted or adult adoptable person, (B) any biological parent of an adult adopted or adult adoptable person, including any person claiming to be the father who was not a party to the proceedings for the termination of parental rights, (C) any adult biological sibling of any adult adopted or adult adoptable person, and (D) if the adopted or adult adoptable person is deceased, any adult descendants, including legally adopted descendants.

(4) “Department” means the Department of Children and Families.

(5) “Information” includes information in the records of the courts of probate, Superior Court, the department or child-placing agency or child care facility, the registrars of vital statistics and the Department of Public Health.

(6) “Biological parent” means the biological mother or father of a person.

(7) “Relative” means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child.

(P.A. 77-246, S. 2; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-476, S. 157; P.A. 87-555, S. 3; P.A 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-179, S. 1; 95-257, S. 12, 21, 58; 95-316, S. 14; P.A. 96-130, S. 21.)

History: P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services in Subdiv. (5), effective January 1, 1979; P.A. 80-476 deleted reference to juvenile court in Subdiv. (5) and made minor wording change in Subdiv. (1); P.A. 87-555 deleted references to Secs. 17-57a and 17-431(c) and added reference to Secs. 45-68o, 45-68p and 46b-124, amended definition of “adopted person”, “adult adopted or adoptable person”, “genetic parent”, and added definition of “registrant”; Sec. 45-68c transferred to Sec. 45a-743 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-179 added Subdiv. (8) defining “applicant”; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-316 made technical change in definition of “applicant” in Subdiv. (8); P.A. 96-130 added definitions of “adoptable person”, “authorized applicant” and “relative”, deleted definition of “adult adopted or adopted person”, “agency”, “registrant” and “applicant”, replaced definition of “genetic parent” with “biological parent”, renumbering as necessary, and made technical changes.

Sec. 45a-744. (Formerly Sec. 45-68b). Legislative policy. It is the policy of the state of Connecticut to make available to adopted and adoptable persons who are adults (1) information concerning their background and status; to give the same information to their adoptive parent or parents; and, in any case where such adult persons are deceased, to give the same information to their adult descendants, including adopted descendants except a copy of their original birth certificate as provided by section 7-51; (2) to provide for consensual release of additional information which may identify the biological parents or relatives of such adult adopted or adoptable persons when release of such information is in the best interests of such persons; (3) except as provided in subdivisions (4) and (5), to protect the right to privacy of all parties to termination of parental rights, statutory parent and adoption proceedings; (4) to make available to any biological parent of an adult adopted or adult adoptable person, including a person claiming to be the father who was not a party to the proceedings for termination of parental rights, information which would tend to identify such adult adopted or adult adoptable person; and (5) to make available to any adult biological sibling of an adult adopted or adult adoptable person information which would tend to identify such adult adopted or adult adoptable person.

(P.A. 77-246, S. 1; P.A. 80-476, S. 158; P.A. 87-555, S. 2; P.A. 95-179, S. 2; P.A. 96-130, S. 22.)

History: P.A. 80-476 replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 87-555 deleted references to Secs. 17-57a and 17-431(a) and added reference to Sec. 46b-124, deleted “adult persons whose genetic parents were removed as guardians and adult persons whose genetic parents’ rights to custody were removed” and added “in any case where such adult persons are deceased, to give the same information to their adult descendants, including adopted descendants, except as provided by section 7-51”, added “or relatives” after “genetic parents”, and deleted “removal of custody, removal of guardianship” in Subdiv. (3); Sec. 45-68b transferred to Sec. 45a-744 in 1991; P.A. 95-179 added Subdivs. (4) and (5) re availability of identifying information to genetic parent and adult biological sibling of an adopted or adoptable person and added exception to Subdivs. (4) and (5) in Subdiv. (3); P.A. 96-130 changed “intent” to “policy” and made additional technical changes, including changing “genetic” to “biological” and added specific exemption of a copy of original birth certificate.

Sec. 45a-745. (Formerly Sec. 45a-68a). Adoption record. (a) For each final decree of adoption decreed by a court of probate, the clerk of the court shall prepare a record on a form prescribed by the Department of Public Health. The record shall include all facts necessary to locate and identify the original birth certificate of the adopted person and to establish the new birth certificate of the adopted person, and shall include official notice from the court of the adoption, including identification of the court action and proceedings.

(b) Each petitioner for adoption, the attorney for the petitioner and each social or welfare agency or other person concerned with the adoption shall supply the clerk with information which is necessary to complete the adoption record. The supplying of the information shall be a prerequisite to the issuance of a final adoption decree by the court.

(c) Not later than the fifteenth day of each calendar month, the clerk of the Court of Probate shall forward to the Department of Public Health the record provided for in subsection (a) of this section for all final adoption decrees issued during the preceding month.

(d) When the Department of Public Health receives a record of adoption for a person born outside the state, the record shall be forwarded to the proper registration authority of the place of birth.

(e) The Department of Public Health, upon receipt of a record of adoption for a person born in this state, shall establish a new certificate of birth in the manner prescribed in section 7-53, except that no new certificate of birth shall be established if the court decreeing the adoption, the adoptive parents or the adopted person, if over fourteen years of age, so requests.

(1957, P.A. 298, S. 1; P.A. 76-12; P.A. 77-614, S. 323, 610; P.A. 80-476, S. 159; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-130, S. 23.)

History: Sec. 45-64 transferred to Sec. 45-68a in 1975; P.A. 76-12 deleted former Subsec. (d) requiring adopting parents to pay court of probate $1.00 for each record prepared and forwarded to health department and relettered remaining Subsecs. accordingly; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-476 rephrased provisions and substituted “birth certificate” for “certificate of birth”; Sec. 45-68a transferred to Sec. 45a-745 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-130 made a technical change in Subsec. (a) by deleting “fact of” before “adoption”.

Sec. 45a-746. (Formerly Sec. 45-68e). Information available to adoptive parents and adult adopted or adoptable person. (a) To the extent reasonably available, the following information concerning the biological parents of any adopted or adoptable person shall be recorded by the child-placing agency or department which has access to the information, in writing on a form provided by the department: (1) Age of biological parents in years, not dates of birth, at the birth of the adopted or adoptable person; (2) heritage of the biological parent or parents, which shall include (A) nationality, (B) ethnic background and (C) race; (3) education, which shall be number of years of school completed by the biological parent or parents; (4) general physical appearance of the biological parent or parents at the time of the birth of the adopted or adoptable person in terms of height, weight, color of hair, eyes, skin and other information of a similar nature; (5) talents, hobbies and special interests of the biological parent or parents; (6) existence of any other child or children born to either biological parent of the adopted or adoptable person; (7) reasons for placing the child for adoption or for biological parental rights being terminated; (8) religion of biological parent or parents; (9) field of occupation of biological parent or parents in general terms; (10) health history of biological parent or parents and blood relatives, on a standardized form provided by the department; (11) manner in which plans for the adopted or adoptable person’s future were made by biological parent or parents; (12) relationship between the biological parents; (13) any psychological, psychiatric or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings; and (14) any other relevant nonidentifying information. In addition, such information to the extent reasonably available and applicable concerning the biological and adoptive grandparents, adoptive siblings, and siblings of the whole blood and half-blood and such siblings of the biological parents shall be recorded by the child-placing agency or department which has access to the information in writing on a form provided by the department.

(b) The information in subsection (a) of this section, if available, shall be given in writing to the adopting parents not later than the date of finalization of the adoption proceedings.

(c) The information in subsection (a) of this section and any other nonidentifying information furnished to the child-placing agency from time to time shall be made available in writing upon written request to the following persons provided the child-placing agency or department is satisfied as to the identity of such persons: (1) The adopted or adoptable person who is an adult; (2) the adoptive parents of the adopted person, provided if the adopted person is an adult, such adopted person must give notarized permission to the parents; (3) the guardian or legally authorized representative of an adopted or adoptable person; (4) if the adopted or adoptable person is deceased, any adult descendants, including legally adopted descendants, of such person, provided a certificate of death of such person is presented. Any information requested pursuant to this section shall be provided to the applicant within sixty days of receipt of the request. The child-placing agency, department or court shall notify in writing any person making such request if the information cannot be made available within sixty days and shall state the reason for the delay.

(d) At any time, upon written request, any biological parent shall be given in writing, for purposes of verifying, correcting and adding information, any information in subdivisions (1) to (14), inclusive, of subsection (a) of this section, provided the child-placing agency, department or court is satisfied as to the identity of the parent making this request. Such information shall be provided within sixty days of receipt of such request unless the child-placing agency, department or court notifies the person requesting such information that it cannot be made available within sixty days and states the reason for the delay. Any such biological parent who believes such information to be inaccurate or incomplete may add a statement to the record setting forth what he or she believes to be an accurate or complete version of such information or updated information. Such statement shall become a permanent part of the record and shall be included with any information disclosed pursuant to this section.

(e) None of the information provided for in this section shall be made available if it is of such a nature that it would tend to identify a biological parent or parents of the adopted person, except as provided in sections 45a-750, 45a-751, 45a-751a, 45a-751b and 45a-753.

(f) The provisions of chapter 55 shall not apply to the provisions of this section.

(P.A. 77-246, S. 3; P.A. 80-476, S. 161; P.A. 81-40, S. 1; P.A. 87-555, S. 4; May 25 Sp. Sess. P.A. 94-1, S. 40, 130; P.A. 96-130, S. 24; P.A. 99-166, S. 11.)

History: P.A. 80-476 rephrased provisions; P.A. 81-40 permitted genetic parents to inspect and correct adoption information; P.A. 87-555 added “to the extent reasonably available, the”, added “or adoptable”, deleted “at the time of birth of the adopted person” and added Subsec. (m) and provision re additional information which shall be recorded and amended provision re access to information; Sec. 45-68e transferred to Sec. 45a-746 in 1991; May 25 Sp. Sess. P.A. 94-1 made technical changes, effective July 1, 1994; P.A. 96-130 amended Subsecs. (a), (d) and (e) by changing “genetic” to “biological” and amended Subsec. (c) by deleting Subdivs. (1) to (5), inclusive, and inserting new Subdivs. (1) to (4), inclusive; P.A. 99-166 amended Subsec. (a) by to add new Subdiv. (13) re any psychological or social evaluations, including date of evaluation, diagnosis, and summary of findings, renumbering Subdiv. (13) as (14), and amended Subsec. (d) to make a technical change.

Cited. 224 C. 263.

Sec. 45a-747. (Formerly Sec. 45-68f). Information regarding adoption completed before October 1, 1977. For any adoption completed before October 1, 1977, information in section 45a-746, if available, shall be given in writing to the adoptive parent or parents of an adopted person upon their written request to the child-placing agency, department, court of probate or superior court which has the information. Any such request shall be accompanied by a statement made by such adopted person under oath authorizing such disclosure.

(P.A. 77-246, S. 4; 77-604, S. 78, 84; P.A. 80-476, S. 162; P.A. 87-555, S. 5; P.A. 96-130, S. 25.)

History: P.A. 77-604 made technical correction; P.A. 80-476 substituted superior court for juvenile court and changed wording slightly; P.A. 87-555 added “of a minor adopted person or the adoptive parent or parents of an adult adopted person” and added proviso that request be accompanied by statement of adopted person under oath authorizing disclosure; Sec. 45-68f transferred to Sec. 45a-747 in 1991; P.A. 96-130 made technical changes.

Sec. 45a-748. (Formerly Sec. 45-68g). Agency or department to make effort to obtain information. Each child-placing agency or the department shall be required to make a reasonable effort to obtain the information provided for in section 45a-746 for each child being placed for adoption or for whom there is a probability of adoption, but the lack of such information shall not be a bar to the granting of a decree of adoption, provided the child-placing agency or department has made a reasonable effort to obtain the information. If the judge of probate decides that a reasonable effort has not been made to obtain the information or that the information is being unreasonably withheld, the judge may order the child-placing agency or department to make a reasonable effort to obtain the information or to release the information. Any child-placing agency or department aggrieved by the order may appeal to the Superior Court.

(P.A. 77-246, S. 5; P.A. 80-476, S. 163; P.A. 87-555, S. 6; P.A. 96-130, S. 26.)

History: P.A. 80-476 rephrased provisions; P.A. 87-555 deleted provision re appeal to adoption records review board and substituted provision re appeal to superior court; Sec. 45-68g transferred to Sec. 45a-748 in 1991; P.A. 96-130 inserted “child-placing” before “agency”.

Sec. 45a-749. (Formerly Sec. 45-68h). Request for information. A person entitled to nonidentifying information under subsection (c) of section 45a-746 may request the information provided in said section by applying in person or in writing to the child-placing agency in this state or the department which has the information. Such information shall not be released unless the child-placing agency or department is satisfied as to the identity of the person requesting information under the provisions of this section. For the purposes of this section, any records at the Court of Probate or the Superior Court or the Department of Public Health shall be available to an authorized representative of the child-placing agency or department to which the request has been made. Such information may be released in writing or in person.

(P.A. 77-246, S. 6; 77-604, S. 58, 79, 84; P.A. 78-151; P.A. 80-476, S. 164; P.A. 87-555, S. 7; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-130, S. 27.)

History: P.A. 77-604 substituted Sec. 17-70 for Sec. 17-170 and made other technical changes in Subsec. (d); P.A. 78-151 added reference to approval of agencies by National Conference of Catholic Charities in Subsec. (b); P.A. 80-476 rephrased provisions and substituted superior court for juvenile court where appearing; P.A. 87-555 deleted former provisions of section and added new provision re request for and access to information; Sec. 45-68h transferred to Sec. 45a-749 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-130 substituted “a person entitled to nonidentifying information under subsection (c) of section 45a-746” for former introductory phrase and inserted “child-placing” before “agency”.

Sec. 45a-750. (Formerly Sec. 45-68i). Identifying information. (a) A certificate of birth registration or a certified copy of the certificate of birth shall be issued in accordance with subsection (c) of section 7-51 or section 7-52 to any adoptable person by the Department of Public Health whether or not such person knows the names of his or her birth parents, provided such department is satisfied as to the identity of the person for whom the certificate is being requested. Any child-placing agency, the department or any court having information which is needed to locate such certificate shall furnish it to the Department of Public Health.

(b) Any person for whom there is only a removal of custody or removal of guardianship, and such removal took place in this state shall be given information which may identify the biological parent or parents or any relative of such person, upon request, in person or in writing, in accordance with subsection (f) of section 45a-751b, provided such information with respect to any relative shall not be released unless the consents required in subsection (e) of section 45a-751b are obtained.

(c) The provisions of chapter 55 shall not apply to the provisions of this section or section 45a-751. Any information provided in this section shall not be released unless the child-placing agency, department or court is satisfied as to the identity of the person requesting the information.

(P.A. 77-246, S. 14; P.A. 80-476, S. 165; P.A. 87-555, S. 8; P.A. 93-381, S. 9, 39; P.A. 95-179, S. 3; 95-257, S. 12, 21, 58; P.A. 96-130, S. 28; P.A. 01-163, S. 35.)

History: P.A. 80-476 rephrased provisions and substituted superior court for juvenile court where appearing; P.A. 87-555 deleted former provisions and substituted new provisions re request for identifying information, issuance of certificate of birth registration or certified copy of certificate of birth to adoptable person; Sec. 45-68i transferred to Sec. 45a-750 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-179 inserted new Subsecs. (c) and (d) authorizing genetic parent and adult biological sibling of adult adopted or adoptable person to request release of identifying information, relettering former Subsec. (c) as (e); P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-130 deleted first sentence in Subsec. (a) and Subsecs. (c) and (d) re release of information to adopted persons, genetic parents of adopted persons and siblings of adopted persons which would enable them to identify each other and made technical changes in remaining provisions; P.A. 01-163 amended Subsec. (a) by replacing reference to Sec. 7-56 with reference to Sec. 7-51(c).

Sec. 45a-751. (Formerly Sec. 45-68j). Release of identifying information by child-placing agency or department. (a) Any authorized applicant may, by applying in person or in writing to the child-placing agency or department, request the release of information that identifies or would tend to identify biological relatives who are unknown as the result of an adoption or termination of parental rights. The child-placing agency or department shall attempt to locate the person or persons sought in the request.

(b) Following such attempt, the child-placing agency or department shall furnish the information requested unless: (1) The consents required by section 45a-751b are not given; or (2) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the applicant; or (3) the child-placing agency or department determines at any time that the release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the person whose identity is being requested.

(c) If the child-placing agency or department within sixty days of receipt of the request denies the request pursuant to subsection (b) of this section, the child-placing agency or department shall inform the applicant in writing of its determination. If a determination to grant or to deny the request is not reached within sixty days, the child-placing agency or department shall state the reason for the delay.

(P.A. 77-246, S. 15; P.A. 80-476, S. 166; P.A. 87-555, S. 9; P.A. 90-230, S. 57, 101; P.A. 92-118, S. 7; P.A. 93-208, S. 2; P.A. 95-179, S. 4; 95-316, S. 15; P.A. 96-130, S. 29.)

History: P.A. 80-476 reworded provisions and substituted superior court for juvenile court where appearing; P.A. 87-555 deleted former provisions and substituted new provisions re request of information and disclosure of information by agency or department, petition to court of probate or superior court, determination by court, disclosure of identifying information and consent of genetic parents; P.A. 90-230 corrected internal references in Subsec. (c); Sec. 45-68j transferred to Sec. 45a-751 in 1991; P.A. 92-118 amended Subsec. (b) by changing reference to “45-68i” to “45a-750”; P.A. 93-208 amended Subsec. (c) by adding phrase “including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights”; P.A. 95-179 changed “adult adopted or adoptable person” and “petitioner” to “applicant” and “genetic parent” to “person whose identity is being requested” and amended Subsec. (c) by adding provisions re availability of identifying information if parental rights terminated on or after October 1, 1995, and availability of such information if parental rights terminated before September 30, 1995; P.A. 95-316 amended Subsec. (c)(1) to require consent of genetic parent who was party to proceedings rather than that of parent not party to proceedings for disclosure of information; P.A. 96-130 revised section by rewriting Subsec. (a) and designating provisions as Subsecs. (a) to (c) and deleting former Subsecs. (b), (c) and (d) re disclosure of identifying information.

Annotations to former section 45-68j:

Subsec. (c):

Cited. 216 C. 563.

Sec. 45a-751a. Conditions re release of information. Counseling. (a) If the authorized applicant is a resident of this state and it appears that counseling is advisable with release of the information, the child-placing agency or department may request that such person appear for an interview.

(b) If the authorized applicant is not a resident of Connecticut and it appears that counseling is advisable with release of the information, the child-placing agency or department may refer the person to an out-of-state child-placing agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children.

(c) If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the authorized applicant, provided such information shall not be released if such child-placing agency or department determines that release of the requested information would be seriously disruptive to or endanger the physical or emotional health of the adult adopted or adoptable person or the person whose identity is being requested and provided such information shall not be released unless the consents required by subsection (b) of section 45a-751b are given and the out-of-state child-placing agency or department is satisfied as to the identity of the person.

(P.A. 96-130, S. 30.)

Sec. 45a-751b. Disclosure of identifying information. Consent required. (a) If parental rights were terminated on or after October 1, 1995, any information tending to identify the adult adopted or adoptable person, a biological parent, including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights, or adult biological sibling shall not be disclosed unless written consent is obtained from the person whose identity is being requested.

(b) (1) If parental rights were terminated on or before September 30, 1995, (A) any information tending to identify the biological parents, including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights, shall not be disclosed unless written consent is obtained from each biological parent who was party to such proceedings, except as provided in subdivision (2) of this subsection, and (B) identifying information shall not be disclosed to a biological parent, including a person claiming to be the father who was not a party to the proceedings for the termination of parental rights, without the written consent of each biological parent who was a party to such proceedings and the consent of the adult adopted or adoptable person whose identity is being requested.

(2) On and after October 1, 2009, information tending to identify a biological parent who is subject to this subsection may be disclosed to an authorized applicant if the biological parent whose information is to be disclosed provides written consent, provided the child-placing agency or department attempts to determine the whereabouts of the other biological parent and obtain written consent from such other biological parent to permit disclosure of such information in the manner permitted under subdivision (1) of this subsection. If such other biological parent cannot be located or does not provide such written consent, information tending to identify the biological parent who has provided written consent may be disclosed to an authorized applicant, provided: (A) Information tending to identify the other biological parent shall not be disclosed without the written consent of the other biological parent, and (B) the biological parent whose information is to be disclosed signs an affidavit that such parent shall not disclose any information tending to identify the other biological parent without the written consent of the other biological parent.

(c) If the whereabouts of any person whose identity is being sought are unknown, the court shall appoint a guardian ad litem pursuant to subsection (c) of section 45a-753.

(d) When the authorized applicant requesting identifying information has contact with a biological sibling who is a minor, identifying information shall not be disclosed unless consent is obtained from the adoptive parents or guardian or guardian ad litem of the sibling.

(e) Any information tending to identify any adult relative other than a biological parent shall not be disclosed unless written consent is obtained from such adult relative. The consent of any biological parents common to the person making the request and the person to be identified shall be required unless (1) the parental rights of such parents have been terminated and not reinstated, guardianship has been removed and not reinstated or custody has been removed and not reinstated with respect to such adult relative or (2) the adoption was finalized on or after June 12, 1984. No consent shall be required if the person to be identified is deceased. If the person to be identified is deceased, the information that may be released shall be limited as provided in subsection (e) of section 45a-753.

(f) Any adult person for whom there is only removal of custody or removal of guardianship as specified in subsection (b) of section 45a-750 may apply in person or in writing to the child-placing agency, the department, the court of probate or the superior court which has the information. Such information shall be made available within sixty days of receipt of such request unless the child-placing agency, department or court notifies the person requesting the information that it cannot be made available within sixty days and states the reason for the delay. If the person making such request is a resident of this state and it appears that counseling is advisable with release of the information, the child-placing agency or department may request that the person appear for an interview. If the person making such request is not a resident of this state, and if it appears that counseling is advisable with release of the information, the child-placing agency, department or court may refer the person to an out-of-state agency or appropriate governmental agency or department, approved by the department or accredited by the Child Welfare League of America, the National Conference of Catholic Charities, the Family Services Association of America or the Council on Accreditation of Services of Families and Children. If an out-of-state referral is made, the information shall be released to the out-of-state child-placing agency or department for release to the applicant, provided such information shall not be released unless the out-of-state child-placing agency or department is satisfied as to the identity of the person.

(P.A. 96-130, S. 31; P.A. 09-185, S. 10.)

History: P.A. 09-185 amended Subsec. (a) by making a technical change and amended Subsec. (b) by designating existing provisions as Subdiv. (1), making conforming changes therein and adding Subdiv. (2) re disclosure of information identifying a biological parent with parent’s written consent.

Sec. 45a-752. (Formerly Sec. 45-68k). Appeal to Probate Court. Advisory panel. Report. Hearing. Decision. (a) Any person requesting information under section 45a-746 who is of the opinion that any item of information is being withheld by the child-placing agency or department, or any person requesting information under section 45a-751 who has been refused release of the information, may petition the Court of Probate for a hearing on the matter. No petition shall be filed if the consents required by section 45a-751b have been denied. Such petition may be filed in the court of probate in the probate district where the adoption was finalized or where the child-placing agency or department has an office or, in the case of a petition by a person who resides in this state, may be filed in the court of probate for the district in which such person resides.

(b) When a petition, filed under the provisions of subsection (a) of this section, is received by the court and if such court is satisfied as to the identity of the petitioner, the court shall first refer the matter within thirty days of receipt of the petition to an advisory panel consisting of four members appointed from a list of panel members provided by the Probate Court Administrator. This list shall include adult adopted persons, biological parents, adoptive parents and social workers experienced in adoption matters. In convening this panel, the court shall make a reasonable effort to include one member from each category of qualified persons. Such panel members shall serve without compensation. Within thirty days of referral of the matter the panel shall begin interviewing witnesses, including the petitioner if the petitioner wants to be heard, and reviewing such other evidence it may deem relevant, and within forty-five days following its initial meeting, shall render a report including recommendations to the judge of probate having jurisdiction. The court shall set a day for a hearing on the petition which hearing shall be held not more than thirty days after receiving the panel’s report and shall give notice of the hearing to the petitioner and the child-placing agency. The court shall render a decision within forty-five days after the last hearing on the merits as to whether the requested information should be released under the relevant statutes. If the applicant requests the assistance of the child-placing agency or department in locating a person to be identified, the provisions of section 45a-753 shall apply.

(P.A. 77-246, S. 8; P.A. 80-476, S. 167; P.A. 87-555, S. 10; P.A. 96-130, S. 32.)

History: P.A. 80-476 rephrased provisions but made no substantive change; P.A. 87-555 deleted former provisions and substituted new provisions re petition to probate court by person requesting information under Sec. 45-68e who believes information is being withheld or has been refused information, panel of court, report of panel, hearing on petition and decision of the court; Sec. 45-68k transferred to Sec. 45a-752 in 1991; P.A. 96-130 made technical changes.

Sec. 45a-753. (Formerly Sec. 45-68l). Obtaining consent of person whose identity is requested. Petition to court. Report. Hearing. (a) If a request is received pursuant to section 45a-751, the child-placing agency or department which has agreed to attempt to locate the person or persons whose identity is being requested or the child-placing agency or department which furnished a report ordered by the court following a petition made under subsection (f) of this section shall not be required to expend more than ten hours time within sixty days of receipt of the request unless the child-placing agency or department notifies the authorized applicant of a delay and states the reason for the delay. The child-placing agency or department may charge the applicant reasonable compensation and be reimbursed for expenses in locating any person whose identity is being requested. The obtaining of such consent shall be accomplished in a manner which will protect the confidentiality of the communication and shall be done without disclosing the identity of the applicant. For the purposes of this section any records at the Court of Probate or the Superior Court shall be available to an authorized representative of the child-placing agency or department to which the request has been made.

(b) If the child-placing agency or department is out-of-state and unwilling to expend time for such purpose, the court of probate which finalized the adoption or terminated parental rights or the superior court which terminated parental rights shall upon petition appoint a licensed or approved child-placing agency or the department to complete the requirements of this section.

(c) If the relative whose identity is requested cannot be located or appears to be incompetent but has not been legally so declared, the Court of Probate or the Superior Court shall appoint a guardian ad litem under the provisions of section 45a-132, at the expense of the person making the request. The guardian ad litem shall decide whether to give consent on behalf of the relative whose identity is being requested.

(d) If the relative whose identity has been requested has been declared legally incapable or incompetent by a court of competent jurisdiction, then the legal representative of such person may consent to the release of such information.

(e) Such guardian ad litem or legal representative shall give such consent unless after investigation he concludes that it would not be in the best interest of the adult person to be identified for such consent to be given. If release of the information requires the consent of such guardian ad litem or legal representative, or if the person whose identity is sought is deceased, only the following information may be released: (1) All names by which the person whose identity is being sought has been known, and all known addresses; (2) the date and place of such person’s birth; (3) all places where such person was employed; (4) such person’s Social Security number; (5) the names of educational institutions such person attended; and (6) any other information that may assist in the search of a person who cannot be located.

(f) (1) If (A) the person whose identity is being sought cannot be located or is incompetent or (B) the child-placing agency or department has not located the person within sixty days, the authorized applicant may petition for access to the information to the court of probate or the superior court which terminated the parental rights or to the court of probate which approved the adoption.

(2) Within fifteen days of receipt of the petition, the court shall order the child-placing agency or department which has access to such information to present a report. The report by the child-placing agency or department shall be completed within sixty days after receipt of the order from the court.

(3) If the child-placing agency or department is out-of-state and unwilling to provide the report, the court shall refer the matter to a child-placing agency in this state or to the department for a report.

(4) The report shall determine through an interview with the adult adopted or adult adoptable person and through such other means as may be necessary whether (A) release of the information would be seriously disruptive to or endanger the physical or emotional health of the authorized applicant, and (B) release of the information would be seriously disruptive to or endanger the physical or emotional health of the person whose identity is being requested.

(5) Upon receipt of the report, or upon expiration of sixty days, whichever is sooner, the court shall set a time and place for hearing not later than fifteen days after receipt of the report or expiration of such sixty days, whichever is sooner. The court shall immediately give notice of the hearing to the authorized applicant and to the child-placing agency or the department.

(6) At the hearing, the authorized applicant may give such evidence to support the petition as the authorized applicant deems appropriate.

(7) Within fifteen days after the conclusion of the hearing, the court shall issue a decree as to whether the information requested shall be given to the authorized applicant.

(8) The requested information shall be provided to the authorized applicant unless the court determines that: (A) Consent has not been granted by a guardian ad litem appointed by the court to represent the person whose identity has been requested; (B) release of the information would be seriously disruptive to or endanger the physical or emotional health of the authorized applicant; or (C) release of the information would be seriously disruptive to or endanger the physical or emotional health of the person whose identity is being requested.

(9) If the court denies the petition and determines that it would be in the best interests of the person whose identity is being requested to be notified that the authorized applicant has petitioned the court for identifying information, the court shall request the child-placing agency or department to so notify the person whose identity is being requested. The notification shall be accomplished in a manner which will protect the confidentiality of the communication and shall be done without disclosing the identity of the authorized applicant. If the person whose identity is being requested is so notified, the authorized applicant who petitioned the court shall be informed that this notification was given.

(P.A. 77-246, S. 16; P.A. 80-476, S. 168; P.A. 81-472, S. 148, 159; P.A. 87-555, S. 11; P.A. 95-179, S. 5; P.A. 96-130, S. 33.)

History: P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted superior court for juvenile court where appearing; P.A. 81-472 made technical changes; P.A. 87-555 deleted former provisions and inserted new provisions re duties of agency or department re location of any parent, guardian or blood or adoptive relative whose consent is required by Sec. 45-68j and consent by incompetent or incapable person; Sec. 45-68l transferred to Sec. 45a-753 in 1991; P.A. 95-179 changed “person making the request” to “applicant” and “parent, guardian or blood or adoptive relative” to “person whose identity is being requested”; P.A. 96-130 added Subsec. (f) re petition to court, report and hearing and made technical changes to Subsecs. (a) to (e), inclusive.

Sec. 45a-754. (Formerly Sec. 45-68m). Records related to termination of parental rights, removal of parent as guardian, appointment of statutory parent, adoption matters, temporary guardianship and emancipation of minors. Confidentiality. Exceptions. (a) All records of cases related to termination of parental rights, removal of a parent as guardian, appointment of a statutory parent, adoption matters, temporary guardianship and emancipation of a minor shall be confidential and shall not be open to inspection by or disclosed to any third party, except that (1) such records shall be available to (A) the parties in any such case and their counsel; (B) the Department of Children and Families; (C) any licensed child-placing agency involved in any such case; (D) any judge or employee of a court of this state who, in the performance of his or her duties, requires access to such records; (E) the office of the Probate Court Administrator; and (F) courts of other states under the provisions of sections 46b-115a to 46b-115gg, inclusive; and (2) access to and disclosure of adoption records shall be in accordance with subsection (b) of this section.

(b) Access to adoption records shall be in accordance with sections 45a-743 to 45a-753, inclusive. The records may also be disclosed upon order of the judge of probate to a petitioner who requires such information for the health or medical treatment of any adopted person. If such information is so required and is not within the records, the biological parent or parents or blood relatives may be contacted in accordance with the procedures in section 45a-753.

(1949 Rev., S. 6870; 1953, S. 2906d; 1972, P.A. 127, S. 67; P.A. 74-164, S. 19, 20; P.A. 75-201; P.A. 77-246, S. 9; 77-604, S. 80, 84; P.A. 80-476, S. 169; P.A. 87-555, S. 12; P.A. 96-130, S. 34; P.A. 11-128, S. 8.)

History: 1972 act changed age of majority from 21 to 18, amending section accordingly; P.A. 74-164 rephrased provision re access to envelopes containing adoption material, specifying that parent or child over eighteen “may for cause shown, either ex parte or with such notice the court deems advisable” have access; P.A. 75-201 specified applicability of provisions to decrees for termination of parental rights, removal of parent as guardian or appointment of statutory guardian, adding provisions necessary to reflect broadened applicability; P.A. 77-246 added reference to affidavits, rephrased provision re parents’ or child’s access to records, requiring access to information under Sec. 45-68e be granted and authorizing petition of court for information under Sec. 45-68i, added provisions authorizing disclosure of information necessary for health care or medical treatment and contact of natural parents or blood relatives to learn medical information if necessary; P.A. 77-604 made technical grammatical correction; Sec. 45-66 transferred to Sec. 45-68m in 1979; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-555 deleted provisions in Subsec. (d) re access to information under Sec. 45-68e and petition to court and inserted “access to such records shall be in accordance with sections 45-68a to 45-68l, inclusive”, and changed “section” to “chapter” in Subsec. (e); Sec. 45-68m transferred to Sec. 45a-754 in 1991; P.A. 96-130 amended Subsec. (d) by changing “genetic” to “biological”; P.A. 11-128 substantially revised Subsec. (a) to replace provisions re furnishing each court with index and book for recording enumerated matters with requirement that all records of enumerated cases be confidential, except as provided in Subdivs. (1) and (2), and to make Subsec. applicable to records in cases related to temporary guardianship and emancipation of minor, deleted former Subsecs. (b) and (c) re locked files, sealed envelopes and marking of envelopes, redesignated existing Subsec. (d) as Subsec. (b) and amended same to substitute “adoption records” for “such records” and make a technical change, and deleted former Subsec. (e) re penalty for unauthorized disclosure.

Annotation to former section 45-68m:

Cited. 138 C. 599.

Annotation to present section:

Cited. 45 CS 33.

Sec. 45a-755. (Formerly Sec. 45-68o). Registries. Filing of registration. (a) Notwithstanding the provisions of sections 45a-746 to 45a-754, inclusive, the department and each child-placing agency which was party to, or participated in, either applications for approval of adoption agreements or termination of parental rights shall maintain registries. Such registries shall contain registrations of voluntary consents, refusals of consent and revocations of consent to the release of information which would identify the registrant. In the case where no child-placing agency was party to or involved in either proceeding, the Department of Children and Families shall establish and maintain such registry. At any time following the termination of parental rights, the registration may be filed by: (1) A biological parent who was a party to the proceeding for the termination of parental rights; (2) an adult adopted person, an adult adoptable person, an adult adopted biological sibling of an adoptable or adopted person, or an adult nonadopted biological sibling of an adoptable or adopted person; (3) lineal ascendants and descendants of a deceased biological parent; (4) an adoptive parent for the purpose of obtaining medical information which affects an adopted person; or (5) a person claiming to be the father who was not a party to the proceeding for the termination of parental rights. No registrations shall be accepted unless the child-placing agency or department is satisfied as to the identity of the registrants.

(b) Notwithstanding the provisions of sections 45a-746 to 45a-754, inclusive, the department and each child-placing agency which was a party to, or participated in, either applications for approval of adoption agreements or termination of parental rights shall maintain registries for medical information. The department and each such child-placing agency shall receive medical information concerning an adopted person provided by a biological parent or blood relative of such adopted person. Upon receipt of such information, the department or child-placing agency shall notify such adopted person or, if such person is a minor, the adoptive parent of such adopted person of the availability of such information, provided the department or child-placing agency has the address or telephone number of such adopted person or adoptive parent. No information that would tend to identify the biological parent or blood relative providing the medical information shall be disclosed without the consents required by subsection (a) of this section.

(P.A. 87-555, S. 13; P.A. 93-91, S. 1, 2; 93-208, S. 1; 93-346; P.A. 96-130, S. 35.)

History: Sec. 45-68o transferred to Sec. 45a-755 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-208 permitted person claiming to be father who was not a party to proceeding for the termination of parental rights to file registration, deleting prior provision which had allowed putative father’s registration only if mother consents or has died; P.A. 93-346 added Subsec. (b) re maintenance of registries for medical information by the department and each agency participating in adoption, requiring receipt of any medical information provided by genetic parent or blood relative concerning adopted person and notification of adopted person or adoptive parent of availability of such information; P.A. 96-130 added “child-placing” before “agency” and changed “genetic” to “biological”.

Sec. 45a-756. (Formerly Sec. 45-68p). Agreement to release identifying information. Notification. Fee. If there is a match of consents whereby the registrants agree to the releasing of identifying information to each other, in accordance with section 45a-755, the child-placing agency or department shall notify each registrant of the name, address and other identifying information as provided by the other registrant. The child-placing agency or department may charge a fee to cover the cost of maintaining the registry and the release of any identifying information.

(P.A. 87-555, S. 14; P.A. 96-130, S. 36.)

History: Sec. 45-68p transferred to Sec. 45a-756 in 1991; P.A. 96-130 added “child-placing” before “agency” and after “agency” added “or department”.

Sec. 45a-757. (Formerly Sec. 45-68n). Records maintained on a permanent basis. Records kept or information received by courts of probate, Superior Court, the department, the Department of Public Health, agencies and the registrars of vital statistics, which contain or may contain information necessary to comply with the provisions of sections 45a-743 to 45a-757, inclusive, shall be maintained on a permanent basis.

(P.A. 77-246, S. 13; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-476, S. 170; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

History: P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services, effective January 1, 1979; P.A. 80-476 deleted reference to records of juvenile court; Sec. 45-68n transferred to Sec. 45a-757 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

Secs. 45a-758 to 45a-762. Reserved for future use.

PART V

ADOPTION REVIEW BOARD

Sec. 45a-763. (Formerly Sec. 45-69c). Adoption Review Board established. (a) An Adoption Review Board is established, to consist of the Commissioner of Children and Families or his designee, the Probate Court Administrator or his designee, and an officer of a child-placing agency which is located in the state and licensed by the Commissioner of Children and Families, who shall be appointed by the Governor to serve for a term of four years from the date of his appointment.

(b) Each designee or officer shall be a person who is familiar with and experienced in adoption procedures, policies and practices.

(c) The members of the board shall select a chairman from among their membership who shall serve for a term of two years from his election or until his successor is elected.

(d) The members of the board shall receive no compensation for their services as such.

(P.A. 75-163, S. 1; P.A. 80-476, S. 171; P.A. 81-472, S. 80, 159; P.A. 93-91, S. 1, 2.)

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 81-472 made technical changes; Sec. 45-69c transferred to Sec. 45a-763 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing. (a) Notwithstanding the provisions of section 45a-727, the Adoption Review Board may, upon application, notice and hearing as hereinafter provided, for cause shown that it is in the best interests of the minor child, waive the requirement that the minor child be placed by the Commissioner of Children and Families or a child-placing agency.

(b) Any judge of probate who has had presented to him an application for adoption which may not proceed because the child has not been so placed may apply in writing to the Adoption Review Board for a waiver of such requirement.

(c) Upon receipt of the application, the chairman of the board shall set a time and place for a hearing and cause notice to be sent by registered or certified mail to the judge of probate and to all parties entitled to notice in the adoption proceeding.

(d) The hearing shall be held not less than ten days nor more than thirty days after the receipt of the application. The parties entitled to notice shall be given notice at least ten days prior to the hearing.

(e) Any party to the adoption proceedings shall have the right to present such evidence as is deemed necessary and relevant to the board. After hearing the evidence the board may deny the application or approve the application in which case the chairman shall notify the court of probate that the adoption may proceed and that the requirement of placement by the Commissioner of Children and Families or a child-placing agency is waived.

(f) If the court of probate thereafter grants the adoption application, there shall be included in the decree a finding that the placement requirements of section 45a-727 have been waived by the Adoption Review Board.

(g) No such waiver may be granted if the board determines that the adoption proceeding would violate the public policy of the state against the obtaining of children by illegal means for adoption purposes.

(P.A. 75-163, S. 2; P.A. 80-476, S. 172; P.A. 93-91, S. 1, 2.)

History: P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-69d transferred to Sec. 45a-764 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Section does not give board authority to consider an application for waiver of placement requirement if underlying adoption application is not supported by a statutory parent adoption agreement. 247 C. 474.

Cited. 45 CS 33.

Sec. 45a-765. (Formerly Sec. 45-69e). Records to be confidential. All proceedings, documents, correspondence and findings by the board shall be returned to the probate court initiating the application and shall be confidential as required by section 45a-754.

(P.A. 75-163, S. 3; P.A. 80-476, S. 173; P.A. 11-128, S. 9.)

History: P.A. 80-476 replaced reference to Sec. 45-66 with reference to Sec. 45-68m, reflecting transfer of section; Sec. 45a-69e transferred to Sec. 45a-765 in 1991; P.A. 11-128 deleted “and placed in sealed envelopes” re proceedings, documents, correspondence and findings.

Secs. 45a-766 to 45a-770. Reserved for future use.