Bill Text: AZ SB1061 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Paternity.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-04-25 - Chapter 230 [SB1061 Detail]
Download: Arizona-2014-SB1061-Introduced.html
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REFERENCE TITLE: paternity. |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1061 |
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Introduced by Senators Barto, Bradley: Murphy
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AN ACT
Amending sections 8-106, 8-106.01, 25-804 and 25-806, Arizona Revised Statutes; relating to paternity.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-106, Arizona Revised Statutes, is amended to read:
8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers
A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:
1. The child's birth or adoptive mother, if living.
2. The child's father if any of the following is true:
(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth unless his paternity is excluded or another man's paternity is established pursuant to title 25, chapter 6, article 1.
(b) The father has adopted the child.
(c) The father's paternity is established under title 25, chapter 6, article 1 or section 36‑334.
3. A child who is twelve years of age or older and who gives consent in open court.
4. Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child's adoption.
5. An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.
6. The guardian of any adult parent for whom a guardian is currently appointed.
7. The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption. The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child's best interest.
B. It is not necessary for a person to obtain consent to adopt from the following:
1. An adult parent for whom a guardian is currently appointed.
2. A parent whose parental rights have been terminated by court order.
3. A parent who has previously consented to an agency's or the division's placement of the child for adoption.
4. A person whose consent is not required under subsection A of this section.
C. The minority of the child or parent does not affect the child's or parent's competency to give consent in the instances set forth in this section.
D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.
E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement granting permission or withholding permission for the child being adopted, when the child reaches eighteen years of age, to obtain identifying and nonidentifying information about the child and the consenting birth parent. The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant permission or withhold permission may be changed at any time by filing a notarized statement with the court. The most recent notarized statement shall operate as consent for the court to grant or withhold identifying and nonidentifying information.
F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.
G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall be substantially in the form prescribed in subsection I of this section and shall inform the potential father of all of the following:
1. That adoption is planned.
2. The potential father's right to consent or withhold consent to the adoption.
3. The potential father's responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, and to serve the mother within thirty days of completion of service.
4. The potential father's responsibility to proceed to judgment in the paternity action.
5. The potential father's right to seek custody.
6. The potential father's responsibility to begin to provide financial support for the child if paternity is established.
7. That the potential father's failure to file a paternity action pursuant to title 25, chapter 6, article 1, and to serve the mother and proceed to judgment in the paternity action as prescribed by this section, bars the potential father from bringing or maintaining any action to assert any interest in the child.
H. A mother may apply to the court for permission to omit her address from the affidavit and from the notice to potential fathers. The court shall grant this request if the mother shows to the court's satisfaction this is necessary to protect her safety.
H. Service on a mother of a title 25, chapter 6, article 1 paternity action pursuant to this section may be accepted by an attorney or agency that is licensed in this state and that is representing the mother. A mother may omit her address from the affidavit and notice to potential fathers if the address of her attorney or the agency is provided in the affidavit. Service on an attorney or agency pursuant to this subsection is limited to service of the initial verified petition and summons in the paternity action. Service on the attorney does not make the attorney the attorney of record for the mother in the paternity action and does not make the agency the agent for the mother in the paternity action.
I. The notice required pursuant to subsection G of this section shall be in substantially the following form:
Notice:
Notice is given to _______________ that you have been identified by ________________________, the natural mother, residing at _____________________, as a potential father of a child to be born or, born on _____________, in ___________.
You are informed of the following:
1. ______________, the natural mother, plans to place the child for adoption.
2. Under sections 8‑106 and 8‑107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.
3. Your written consent to the adoption is irrevocable once you give it.
4. If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.
5. You have the obligation to proceed to judgment in the paternity action.
6. You have the right to seek custody.
7. If you are established as the child's father, you must begin to provide financial support for the child.
8. If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.
9. The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.
10. For the purposes of service of a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, service may be made on the mother at _____________ or her agency or attorney at ___________.
10. 11. You may wish to consult with an attorney to assist you in responding to this notice.
J. A potential father who fails to file a paternity action and who does not comply with all applicable service requirements serve the mother within thirty days after completion of service on the potential father as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required. The potential father is prohibited from bringing or maintaining any legal proceeding to assert any interest in the child, including a paternity action pursuant to title 25, chapter 6, article 1.
Sec. 2. Section 8-106.01, Arizona Revised Statutes, is amended to read:
8-106.01. Putative fathers registry; claim of paternity; adoptive interest
A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities.
B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question.
C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry.
D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity.
E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his is prohibited from bringing or maintaining an action to assert an interest in the child, including a paternity action PURSUANT to title 25, chapter 6, article 1. the putative father's consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following:
1. It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section.
2. He filed a notice of a claim of paternity within thirty days after it became possible for him to file.
F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy.
G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8‑106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8‑106 is barred from bringing or maintaining any action to assert any interest in the child.
H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question.
Sec. 3. Section 25-804, Arizona Revised Statutes, is amended to read:
25-804. Time for instituting proceedings
Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. The court shall dismiss any proceeding that is barred pursuant to section 8-106, subsection J. For the purposes of establishing a duty to pay support or past support, the proceedings must be instituted before the child's eighteenth birthday.
Sec. 4. Section 25-806, Arizona Revised Statutes, is amended to read:
25-806. Petition
A. Paternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock or pregnant with a child conceived out of wedlock and that the respondent is the father of the child or children.
B. Maternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock and that the woman as respondent is the mother of the child or children.
C. The procedure on the filing of the petition shall be as in other civil cases, except that a party who has been served pursuant to section 8‑106, subsection g must serve the mother with a copy of the verified petition and summons within thirty days after completion of service of notice as prescribed by that subsection.
D. If the respondent does not file a response or if the respondent files a written response admitting paternity or maternity, the court may immediately enter a judgment of paternity or maternity. If other relevant issues are raised in the petition or response or in a separate petition filed after entry of a paternity or maternity judgment, the court shall proceed to resolve all relevant issues in the case pursuant to the rules of procedure applicable to family law cases.
E. A trial held pursuant to this section shall be made to the court.
