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OLR Bill Analysis
SB 125
AN ACT CONCERNING THE RECOMMENDATIONS OF THE
DEPARTMENT OF CHILDREN AND FAMILIES RELATIVE TO
IDENTIFIED ADOPTIONS AND REVISIONS TO CERTAIN
TERMINOLOGY.
SUMMARY
This bill makes several changes to the laws on identified adoption
procedures in Connecticut. (An identified adoption, which must be
approved by the probate court, is one in which the child being placed
for adoption was identified or located by the prospective adoptive
parents.) Among other things, the bill does the following:
1. adds certain social workers to the list of professionals who may
provide required post-delivery counseling to the person who
gave birth;
2. specifically allows representatives of alleged genetic parents and
legal representatives of prospective adoptive parents seeking an
identified adoption to advertise through public media;
3. eliminates current law’s $1,500 cap on payments or
reimbursements that prospective adoptive parents may make to
the person giving birth, and instead requires that the payments
and reimbursements be reasonable and limited to a specific
duration;
4. requires prospective adoptive parents to first file a sworn
affidavit about the expenses with the probate court for approval,
exempts payments and reimbursements up to $2,000 if they are
reasonable and necessary to protect the health or well-being of
the person who gave birth and the child, and limits the
circumstances under which the prospective adoptive parents 2024SB-00125-R000007-BA.DOCX
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may be reimbursed;
5. specifies that existing Department of Children and Families
(DCF) regulations for the placement of children in identified
adoptions apply whether the child was identified or located by
the prospective adoptive parents or placed for adoption by the
child placement agency; and
6. conforms the statutes on identified adoption to the Connecticut
Parentage Act (PA 21-15) by replacing certain gender-specific
terms.
The bill requires the governor to appoint to the Adoption Review
Board a representative of a child-placing agency, rather than an officer
of a child-placing agency as current law requires.
The bill also replaces the term “plans of safe care” with the term
“family care plans” in reference to the written plans that, under existing
law, providers must create with birth parents of newborns with
symptoms indicating prenatal substance exposure or fetal alcohol
syndrome.
Lastly, it also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2024
POST-DELIVERY COUNSE LING
The law requires that a person who gives birth in an identified
adoption case receive counseling within 72 hours after the birth or as
soon as medically possible after giving birth. Current law allows the
counseling to be provided by individuals with a master’s or doctoral
degree in counseling, psychology, or related mental health disciplines
from an accredited college or university. The bill expands the list of
professionals who may provide the counseling by including individuals
who have a master’s or doctoral degree in social work.
ADVERTISING
Current law allows a birth parent (“alleged genetic parent” under the 2024SB-00125-R000007-BA.DOCX
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bill) and prospective adoptive parents seeking an identified adoption
placement to advertise through public media. The bill (1) specifically
allows the parties’ legal representatives to advertise on their behalf, (2)
removes current law’s restriction that the advertisements be in-state
only, and (3) specifies that these provisions also apply to adoptions
through a child-placing agency.
PAYMENT OF EXPENSES BY PROSPECTI VE ADOPTIVE PARENTS
Permissible Expenses, Fees, and Services
The bill broadens the expenses prospective adoptive parents may
choose to pay or reimburse the person giving birth in cases where the
child was identified or located by the prospective adoptive parents. It
also establishes timeframes for making the payments and
reimbursements.
Current law caps the payment or reimbursement for living expenses
at $1,500 or, in unusual circumstances, an amount approved by the
probate court for the district where the child-placing agency is located
or where the prospective adoptive parents live. Current law also
specifically allows payment or reimbursement for (1) reasonable
telephone and maternity clothing expenses and (2) post-delivery
counseling expenses, including transportation costs.
The bill instead allows adoptive parents to pay or reimburse the
person giving birth for reasonable pregnancy- or adoption-related
expenses, fees, and services. This includes living, medical, or legal
expenses as determined by the child-placing agency. The payments or
reimbursements (1) must be made within 180 days before the expected
date of birth and 60 days after the child’s birth and (2) are subject to
approval by the probate court where the adoption agreement or
application was or will be filed.
Affidavit Filing Requirement and Exception
With one exception (see below), the bill requires the prospective
adoptive parents, before making any payments or reimbursements, to
file a sworn affidavit with the probate court in which an adoption
application and agreement was or will be filed. The affidavit must 2024SB-00125-R000007-BA.DOCX
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contain a list of all expenses, fees, and services for which the prospective
adoptive parents intend to pay or reimburse.
The bill allows prospective adoptive parents to pay or reimburse a
maximum of $2,000 of the expenses described above, without filing an
affidavit, if the child-placing agency determines the payments or
reimbursements are reasonable and necessary to protect the pregnant
person’s or child’s health or well-being.
Probate Court Approval
The bill requires the probate court to approve reasonable payments
and reimbursements ex parte (i.e., without prior notice or a hearing). If
the probate court determines that a payment or reimbursement is
unreasonable, it must schedule a hearing on the affidavit to be held
within 30 days after it was filed. Within 30 days after the hearing, the
court must approve or disapprove each payment or reimbursement
based on specific findings of fact.
Reimbursement to Prospective Adoptive Parent
Under the bill, the alleged genetic parents are not obligated to place
the child for adoption just because they accepted payments or
reimbursements from the prospective adoptive parents. If the alleged
genetic parents do not place the child for adoption after birth, the
prospective adoptive parents are generally not entitled to
reimbursement of the payments or expenses reimbursements they
made.
The bill allows prospective adoptive parents to seek reimbursement
of the payments or reimbursements if the person received the money (1)
when knowingly not pregnant or (2) simultaneously from separate
prospective adoptive parents without the others’ knowledge.
COMMITTEE ACTION
Committee on Children
Joint Favorable
Yea 11 Nay 6 (02/29/2024)