reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-690. (Formerly Sec. 45-78p). - Definitions.

For the purposes of sections 45a-690 to 45a-700, inclusive:
(1) “Sterilization” means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;
(2) “Informed consent” means consent that is (A) based upon an understanding of the nature and consequences of sterilization, (B) given by a person competent to make such a decision, and (C) wholly voluntary and free from coercion, express or implied;
(3) “Institution” means a state school or hospital or other residential facility operated or leased by the state of Connecticut; and
(4) “Best interest” shall include all of the following factors: (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, (B) the individual is physiologically sexually mature, (C) there is no evidence of infertility, (D) the individual has the capability and a reasonable opportunity for sexual activity, (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, (F) the physical or emotional inability to care for a child, (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.
(P.A. 79-543, S. 1, 14; P.A. 82-199, S. 1; P.A. 99-84, S. 6; P.A. 04-29, S. 1; 04-257, S. 97; P.A. 05-288, S. 153.)
History: P.A. 82-199 amended definition of “best interest” to include sexual maturity, no evidence of infertility, inability to understand reproduction or contraception, inability to care for child and good faith and best interest of respondent as primary concern; Sec. 45-78p transferred to Sec. 45a-690 in 1991; P.A. 99-84 amended definition of “sterilization” in Subsec. (a) by adding “or other medical” after “surgical” and adding “permanently” before “incapable of procreating”; P.A. 04-29, effective April 28, 2004, and P.A. 04-257, effective June 14, 2004, both made technical changes; P.A. 05-288 made a technical change in Subdiv. (4)(F), effective July 13, 2005.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-691. (Formerly Sec. 45-78q). - Sterilization. Requirements. Determination of ability to give informed consent.

No person shall undergo sterilization unless such person has attained the age of eighteen years and has given informed consent, in writing, to such sterilization. Whenever any physician has reason to believe a person eighteen years or over is unable to give informed consent, or when a person is in a state institution, no such sterilization shall be performed until it is determined by a probate court that the person involved is able to and has given informed consent. Whenever the court determines, under the provisions of sections 45a-690 to 45a-700, inclusive, that a person has not given informed consent, or whenever a person is under a guardianship or conservatorship, the court shall permit sterilization only upon showing that such operation or procedure is in the best interest of the person.
(P.A. 79-543, S. 2, 14.)
History: Sec. 45-78q transferred to Sec. 45a-691 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-692. (Formerly Sec. 45-78r). - Application for determination of ability to give informed consent to sterilization.

An application for a determination of a person's ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician of the person seeking sterilization, by the director of the institution, or by an interested party and shall state the reason for seeking such determination. Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. The application and all records of probate court proceedings held as a result of the filing of such application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should be disclosed for cause shown.
(P.A. 79-543, S. 3, 14; P.A. 00-22, S. 3; P.A. 07-73, S. 2(b).)
History: Sec. 45-78r transferred to Sec. 45a-692 in 1991; P.A. 00-22 made a technical change and added provisions re disclosure of the application and records of Probate Court proceedings; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-693. (Formerly Sec. 45-78s). - Hearing. Notice.

Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this section shall be pursuant to sections 51-72 and 51-73. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than the usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served on the following parties at least seven days prior to such hearing date. (1) The court shall direct personal service be made by a state marshal, constable or indifferent person upon the respondent and if the respondent is in a hospital, nursing home, state school or some other institution, in addition to the respondent, upon the chief executive, officer or administrator in such hospital, nursing home, state school or other institution. (2) The court shall order such notice as it directs to the following: (A) The parents of the respondent, if any, (B) the spouse of the respondent, if any, (C) the siblings of such applicant, if any, if the respondent has no living parents, (D) the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system, and (E) such other persons as the court may determine have interest in the respondent.
(P.A. 79-543, S. 4, 14; P.A. 82-199, S. 2; P.A. 00-99, S. 88, 154; P.A. 01-195, S. 29, 181; P.A. 17-96, S. 33.)
History: P.A. 82-199 required that hearings be held pursuant to Secs. 51-72 and 51-73; Sec. 45-78s transferred to Sec. 45a-693 in 1991; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes, effective July 11, 2001; P.A. 17-96 amended Subdiv. (2)(D) by replacing reference to Office of Protection and Advocacy for Persons with Disabilities with reference to the nonprofit entity designated as the Connecticut protection and advocacy system, effective July 1, 2017.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-694. (Formerly Sec. 45-78t). - Appointment of counsel to represent respondent. Compensation.

Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any respondent who has not selected a counsel to represent such respondent in response to the application. Such legal counsel shall be from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of an appointed legal counsel shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund.
(P.A. 79-543, S. 5, 14; P.A. 93-262, S. 1, 87; P.A. 00-166, S. 1; P.A. 01-195, S. 30, 181; P.A. 17-96, S. 34.)
History: Sec. 45-78t transferred to Sec. 45a-694 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 00-166 made a technical change, deleted provision re recommendation of the Department of Consumer Protection and changed payment for compensation of legal counsel from funds appropriated to the Department of Social Services to the Probate Court Administration Fund; P.A. 01-195 made technical changes, effective July 11, 2001; P.A. 17-96 deleted provision re Probate Court Administrator to seek recommendations from Office of Protection and Advocacy for Persons with Disabilities, effective July 1, 2017.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-695. (Formerly Sec. 45-78u). - Evidence re ability of respondent to give informed consent. Reports by panel members appointed by court. Right of respondent to present evidence and cross-examine witnesses.

At any hearing upon such application, the court shall receive evidence concerning the respondent's ability to give informed consent. Such evidence shall include, but shall not be limited to, reports in writing signed under penalty of false statement from an interdisciplinary team of at least three impartial panel members appointed by the court from a panel of physicians, psychologists, educators and social and residential workers who have personally observed, examined or worked with such respondent at some time during the twelve months preceding such hearing. Such appointments shall be made in accordance with regulations to be promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of such appointed panel members shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund. Each such appointed panel member shall make his or her written report under penalty of false statement on a separate form provided for that purpose by the court and shall answer such questions as may be set forth on such form as fully and completely as reasonably possible. The reports shall contain specific information regarding the respondent's ability to give informed consent and shall indicate the specific aspects of informed consent which the respondent lacks. Each such appointed panel member shall state upon the forms the reasons for his or her opinion. Such respondent or his or her counsel shall have the right to present evidence and cross-examine witnesses who testify at any hearing on the application. If such respondent or his or her counsel notifies the court not less than three days before the hearing that he or she wishes to cross-examine the appointed panel members, the court shall order such members to appear.
(P.A. 79-543, S. 6, 14; P.A. 89-144, S. 14; P.A. 99-84, S. 30; P.A. 00-166, S. 2; P.A. 01-195, S. 31, 181.)
History: P.A. 89-144 substituted office of protection and advocacy for persons with disabilities for office of protection and advocacy for handicapped and developmentally disabled persons; Sec. 45-78u transferred to Sec. 45a-695 in 1991; P.A. 99-84 deleted “sworn” and inserted “signed under penalty of false statement”; P.A. 00-166 deleted provision that required Office of Protection and Advocacy for Persons with Disabilities to provide panel, changed provision for payment of compensation of panel from funds appropriated to advocacy office to Probate Court Administration Fund and changed responsibility for forms from advocacy office to probate court; P.A. 01-195 made a technical change, effective July 11, 2001.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-696. (Formerly Sec. 45-78v). - Respondent to be present at hearing on ability to give informed consent to sterilization.

The respondent shall be present at any hearing regarding his or her ability to give informed consent to sterilization. The court shall inquire at the time of hearing as to the types and effects of any medication being administered to or taken by the respondent.
(P.A. 79-543, S. 7, 14.)
History: Sec. 45-78v transferred to Sec. 45a-696 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-697. (Formerly Sec. 45-78w). - Informed consent. Refusal of sterilization.

If the court does not find that the respondent is able to give informed consent, such court shall retain its jurisdiction and shall determine whether such sterilization is in the best interest of the respondent. Notwithstanding the finding of the court, the respondent can refuse sterilization, provided the court concludes that the respondent understands the nature and consequences of such refusal.
(P.A. 79-543, S. 8, 14.)
History: Sec. 45-78w transferred to Sec. 45a-697 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-698. (Formerly Sec. 45-78x). - Application by guardian or conservator for consent to sterilization.

Whenever sterilization is sought of a person under guardianship or conservatorship, application for consent to sterilization shall be filed in Probate Court by the guardian, conservator or other interested party. Notification and appointment of legal counsel shall be carried out pursuant to sections 45a-693 and 45a-694. The individual for whom sterilization is sought shall be present at the hearing unless the court, for good cause shown, shall excuse such attendance.
(P.A. 79-543, S. 9, 14.)
History: Sec. 45-78x transferred to Sec. 45a-698 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-699. (Formerly Sec. 45-78y). - Hearing. Evidence. Grounds for sterilization.

(a) The court shall hear medical, social, educational, residential and psychological evidence including but not limited to testimony of the panel appointed under section 45a-695, as to whether such sterilization is in the best interest of the individual. The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who testify at the hearing.
(b) The court shall give its consent to sterilization only if it finds by clear and convincing evidence that such operation or procedure is in the best interests of the individual and shall furnish findings to support its conclusion.
(P.A. 79-543, S. 10, 14; P. A. 82-199, S. 3.)
History: P.A. 82-199 added provision specifying evidence shall include but not be limited to testimony of panel appointed under Sec. 45-78u; Sec. 45-78y transferred to Sec. 45a-699 in 1991.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-699a. - Stay of order or decree permitting sterilization.

Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, shall be stayed, for a period of not less than ten days from the date of such order or decree, to afford the respondent an opportunity to file an appeal pursuant to part VII of chapter 801b. If no such appeal is filed within such time period, the stay shall be lifted. If such appeal is filed within such time period, the stay shall remain in effect pending the outcome of the appeal. The provisions of this section shall not stay any such order or decree if the court finds that the respondent (1) has attained the age of eighteen years, (2) is able to give informed consent to a sterilization procedure, and (3) has given informed consent, in writing, to such sterilization.
(P.A. 04-29, S. 2.)
History: P.A. 04-29 effective April 28, 2004.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-700. (Formerly Sec. 45-78z). - Surgical or other medical procedures which may result in sterilization.

Nothing in sections 45a-690 to 45a-700, inclusive, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A hysterectomy shall not be performed for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female's menses.
(P.A. 79-543, S. 11, 14; P.A. 99-84, S. 7.)
History: Sec. 45-78z transferred to Sec. 45a-700 in 1991; P.A. 99-84 added “or other medical” after “surgical”.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 802h - Protected Persons and Their Property › Section 45a-703. - Application for determination of competency to vote.

The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on the petition not later than fifteen days after the filing of the petition and the hearing shall be privileged with respect to assignment.
(P.A. 02-83, S. 2.)
See Sec. 9-159s re notice of voting opportunities presented to certain persons under guardianship or conservatorship.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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; 234 C. 194. Best interests of a child cannot transcend statutorily defined jurisdictional boundaries. 247 C. 474.
Cited. 45 CS 33.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 45a-706a. - Indian Child Welfare Act. Application to actions and proceedings involving an Indian child.

(a) As used in this section, (1) “Indian child” has the same meaning as provided in 25 USC 1903, as amended from time to time, and (2) “Indian Child Welfare Act”, 25 USC 1901 et seq., as amended from time to time, means the federal law setting minimum standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes.
(b) In any action or proceeding under this chapter involving an Indian child's custody, placement in an adoptive home or termination of the parental rights of the parents of such child, the Probate Court, or the Superior Court in cases transferred pursuant to section 45a-715, shall ensure that such action or proceeding is conducted in accordance with the Indian Child Welfare Act.
(P.A. 22-60, S. 2.)
History: P.A. 22-60 effective May 23, 2022.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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:
Cited. 223 C. 557.
Cited. 25 CA 741.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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. 168 C. 421.
Cited. 41 CS 23.
Annotations to present section:
Cited. 46 CA 69.
Cited. 45 CS 33.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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. 45-61
l
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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 45a-726a. - Consideration of sexual orientation of prospective adoptive or foster parent.

Section 45a-726a is repealed, effective July 1, 2013.
(P.A. 91-58, S. 18; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 11; P.A. 13-81, S. 21.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 45a-726c. - Term “adoptive parent” substituted for “adopting parent”.

(a) Wherever the words “adopting parent” are used in the following general statutes, “adoptive parent” shall be substituted in lieu thereof: 45a-727, 45a-736 and 45a-746.
(b) The Legislative Commissioners' Office shall, in codifying said sections of the general statutes pursuant to subsection (a) of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
(P.A. 14-104, S. 11.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 45a-727b. - Endorsement of rights and responsibilities of unmarried persons to child subject to adoption, but not marriage or union of such persons.

Section 45a-727b is repealed, effective July 1, 2013.
(P.A. 00-228, S. 5; P.A. 13-81, S. 21.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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 guilty of a class D felony.
(P.A. 85-285, S. 3, 4; P.A. 07-217, S. 165; P.A. 13-258, S. 109.)
History: Sec. 45-63c transferred to Sec. 45a-729 in 1991; P.A. 07-217 made technical changes, effective July 12, 2007; P.A. 13-258 changed penalty from fine of not more than $5,000 or imprisonment of not less than 1 year or more than 5 years to a class D felony.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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).
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.)
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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.
2023 Connecticut General Statutes › Title 45a - Probate Courts and Procedure › Chapter 803 - Termination of Parental Rights and Adoption › Section 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 adoptive parent or parents.
(1949 Rev., S. 6873; P.A. 14-104, S. 11.)
History: Sec. 45-69 transferred to Sec. 45-66a in 1979; Sec. 45-66a transferred to Sec. 45a-736 in 1991; pursuant to P.A. 14-104, “adopting parent” was changed editorially by the Revisors to “adoptive parent”, effective October 1, 2014.
Annotation to former section 45-66a:
Cited. 17 CA 627.