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Committee advances bill creating a streamlined judicial surrender procedure for voluntary parental surrender
Summary
House Bill 12‑63 (as amended) would create a specific procedure for voluntary surrender of parental rights for surrendering parents who do not want to appear before a judge while preserving judicial oversight through notice, counsel and hearing requirements; the committee advanced the bill unanimously.
Representative Slater described House Bill 12‑63 and a related amendment as creating a procedure for voluntary surrender of parental rights for surrendering parents who prefer not to appear before a judge while preserving judicial oversight.
Slater said the proposal applies only to children six months of age or younger, to surrendering parties over 18 who are represented by counsel, and to children not already in DCS custody. The amendment requires the notice be signed by the birth parent, the parent's attorney, the accepting party (prospective adoptive parent or licensed placing agency) and the accepting party's attorney. Slater explained that the court will review the executed notice, court reports and pre‑surrender and pre‑acceptance forms to determine whether the surrender was knowing, voluntary and in the child’s best interest.
Representative Johnson asked whether the home study takes place prior to custody; the sponsor confirmed the home study and hearing occur before parental custody transfers. With no further questions, the committee advanced the bill as amended to calendar/rules (18‑0).
