Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Connecticut may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Connecticut child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising in Adoptive Placements
Citation: Ann. Stat. § 45a-728d
Any birth parent may advertise through any public media in this State for the placement of his or her child for the purposes of 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 purpose of adoption.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: §§ 45a-728; 45a-728c
Counseling for the birth mother, including transportation
Birth mother's living expenses
Reasonable telephone costs
Reasonable maternity clothing expenses
Birth Parent Expenses Not Allowed
Citation: § 45a-728c
Payment to the birth mother for living expenses shall not exceed $1,500, unless approved in unusual circumstances by the court.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Gen. Stat. §§ 45a-724; 45a-715
The following persons may give a child in adoption:
A statutory parent
Any parent of a minor child who agrees in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child if that parent is:
The surviving parent if the other parent has died
The mother of a child born out of wedlock, provided that if there is a putative father who has been notified and the rights of the putative father have been terminated
A former single person who adopted a child and thereafter married
The sole guardian of the child, if the parental rights, if any, of any person other than the parties to such agreement have been terminated
Any parent of a minor child who agrees in writing with the other person who shares parental responsibility for the child 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
For any minor child who is free for adoption, the child's guardian who agrees in writing with a relative that the relative shall adopt the 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.
Age When Consent of Adoptee is Considered or Required
Citation: Gen. Stat. § 45a-724
A child age 12 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Gen. Stat. § 45a-717(g)
Consent of the parents is not needed if parental rights have been involuntarily terminated because the parent has:
Abandoned the child by failing to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child
Subjected the child to sexual molestation and exploitation, severe physical abuse, or a pattern of abuse
Failed to establish an ongoing parent-child relationship with the child
Been found by the court to have neglected the child in a prior proceeding, or whose child has been in the custody of the commissioner for at least 15 months 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
Had his or her parental rights in regard to another child previously terminated
Killed through a 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
a deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent
Been convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child
When Consent Can Be Executed
Citation: Gen. Stat. § 45a-715(d)
No consent to termination by a mother shall be executed within 48 hours immediately after the birth of her child.
Revocation of Consent
Citation: Gen. Stat. § 45a-719
The court may grant a motion to open or set aside a judgment terminating parental rights 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. 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.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 46b-172a; 45a-716
Any person claiming to be the father may file at any time, but no later than 60 days after the date of notice of termination proceedings.
The claimant may complete a form provided by the probate court.
Notice of termination proceeding is given if the claimant:
Has been adjudicated the father
Has acknowledged in writing to be the father
Has contributed regularly to the child's support
Is named as the father on the child's birth certificate
Has filed a claim for paternity
Is named in the termination petition as the father of the child by the mother
Please visit adoption law in Connecticut for more details. |