The bill addresses the legal process for relinquishment of parental rights when the parent seeking to relinquish their child is a victim of sexual assault that resulted in the conception of the child. Here are the key provisions:
Documentation and Exemption:
The bill allows the parent (relinquishment petitioner) to provide documentation to the juvenile court regarding the sexual assault or the conception. This can include a sworn affidavit.
The petitioner is exempted from certain relinquishment requirements if the court finds that the parent is indeed a victim of sexual assault that resulted in the conception of the child.
If the court grants a final order of relinquishment, the relinquishing parent is relieved of all legal obligations related to the child.
Standardized Form:
By January 1, 2026, the State Court Administrator must develop or modify an existing standardized form that allows a petitioner to file for termination of the parent-child legal relationship in cases where the child was conceived due to sexual assault.
The intent of the bill is to offer legal relief to parents who wish to relinquish their parental rights in cases where the conception of the child was a result of sexual assault. It aims to streamline the process and reduce the burden on victims in these circumstances.
Summary
Under current law, a parent who wants to relinquish their child
must satisfy certain requirements. If the parent who wants to relinquish their child is a victim of sexual assault that resulted in the conception of the child to be relinquished, the bill:
•
Allows the relinquishment petitioner to provide the juvenile court with documentation concerning the sexual assault or conception, including a sworn affidavit;
•
Exempts the petitioner from having to satisfy certain relinquishment requirements if the court finds that the petitioner is a victim of sexual assault that resulted in the conception of the child to be relinquished; and
•
Exempts the relinquishing parent of all legal obligations they may have with respect to the child if the court grants a final order of relinquishment.
On or before January 1, 2026, the state court administrator is
required to develop a, or modify an existing, standardized form for a petitioner to file to terminate another person's parent-child legal relationship because the child was conceived as a result of sexual assault.
