D.C. Law 24-237. Expedited Adoption Eligibility Amendment Act of 2022.
AN ACT
To amend Chapter 3 of Title 16 of the District of Columbia Official Code to provide expedited adoption proceedings for a couple who uses assisted reproductive technology to produce a child of their union, to require each intended parent to join in a petition for expedited adoption and furnish specific information to be included in such petition, to require the attachment of certain exhibits to the petition, to provide that the court shall not require a home study or criminal background check on the petitioners seeking an expedited adoption, to require the court to issue 4 copies of the final decree of adoption to the petitioners at no additional cost, and to make technical and conforming changes; to amend the Prevention of Child Abuse and Neglect Act of 1977 to make conforming changes; and to amend the Vital Records Modernization Amendment Act of 2018 to make conforming changes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Expedited Adoption Eligibility Amendment Act of 2022".
Sec. 2. Chapter 3 of Title 16 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by adding a new section designation to read as follows:
"Sec. 16-318. Expedited adoption eligibility.
(b) Section 16-302 is amended by striking the phrase "if he has one, joins in the petition, except that if either the husband or wife is a natural parent of the prospective adoptee, the natural parent need not join in the petition with the adopting parent, but need only give his or her consent" and inserting the phrase "if the petitioner has one, joins in the petition, except if either spouse is a natural parent of the prospective adoptee, the natural parent need not join in the petition with the adopting parent, but need only give consent" in its place.
(c) Section 16-304(b)(1) is amended by striking the phrase "if he is fourteen years" and inserting the phrase "if the prospective adoptee is fourteen years" in its place.
(d) Section 16-305 is amended as follows:
(1) Paragraph (4) is repealed.
(2) Paragraph (5) is repealed.
(e) Section 16-307 is amended as follows:
(1) Subsection (a) is amended by striking the phrase "section 16-308" and inserting the phrase "§§ 16-308 and 16-318" in its place.
(2) Subsection (b)(1)(B) is amended by striking the phrase "whether he is" and inserting the phrase "whether the prospective adoptee is" in its place.
(f) Section 16-308 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase "may dispense" and inserting the phrase "shall dispense" in its place.
(B) Paragraph (1) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(C) Paragraph (2) is amended by striking the period and inserting the phrase "; or" in its place.
(D) A new paragraph (3) is added to read as follows:
"(3) A petition for expedited adoption is filed pursuant to § 16-318.".
(2) Subsection (b) is repealed.
(g) Section 16-309 is amended as follows:
(1) Subsection (b-1) is amended by striking the phrase "the Mayor that he will" and inserting the phrase "the Mayor that the Mayor will" in its place.
(2) Subsection (c)(2) is amended by striking the phrase "if he or she is" and inserting the phrase "if the prospective adoptee is" in its place.
(h) Section 16-312(a) is amended by striking the phrase "representative of his adoptive parent or parents in the same manner as a child by birth, and upon the death of an adoptee intestate, his property shall pass and be distributed in the same manner as if the adoptee had been born to the adopting parent or parents in lawful wedlock. All rights and duties including those of inheritance and succession between the adoptee, his natural parents, their issue, collateral relatives, and so forth, are cut off, except that when one of the natural parents is the spouse of the adopter, the rights and relations as between adoptee, that natural parent, and his parents" and inserting the phrase "representative of the adoptive parent in the same manner as a child by birth, and upon the death of an adoptee intestate, the adoptee's property shall pass and be distributed in the same manner as if the adoptee had been born to the adopting parent in lawful wedlock. All rights and duties including those of inheritance and succession between the adoptee, the adoptee's natural parents, their issue, collateral relatives, and so forth, are cut off, except that when one of the natural parents is the spouse of the adopter, the rights and relations as between adoptee, that natural parent and the adoptee's parents," in its place.
(i) Section 16-314(c) is amended by striking the phrase "furnish him" and inserting the phase "furnish the adopter" in its place.
(j) A new section 16-318 is added to read as follows:
"Sec. 16-318. Expedited adoption eligibility.
"(a) Intended parents that use assisted reproductive technology to produce a child of their union may petition the court for an expedited adoption pursuant to this section under either of the following circumstances:
"(1) One of the intended parents gave birth to the child; or
"(2) The child was born through a gestational surrogacy process brought about by one or both of the intended parents, and the parentage of only one intended parent was established pursuant to § 16-909(e).
"(b)(1) Each intended parent seeking an adoption pursuant to this section shall join in a petition for expedited adoption.
"(2) The petition for expedited adoption shall be made under oath or affirmation of the petitioners, and the title of the petition shall be: "Ex parte in the matter of the petition of . . . . . . . . . . . . . . . . . . . . for expedited adoption".
"(3) The petition shall contain:
"(A) The name, sex, date, and place of birth of the prospective adoptee;
"(B) The name, date of birth, and addresses of the petitioners;
"(C) The relationship of the prospective adoptee to the petitioners;
"(D) A statement of how the prospective adoptee was conceived;
"(E) The date that the prospective adoptee began residing with the petitioners;
"(F) Any change to the name of the prospective adoptee that may be desired by the petitioners;
"(G) Any change to how the prospective adoptee's birth certificate should identify the petitioners as parents of the prospective adoptee; and
"(H) Language indicating consent to the expedited adoption by the intended parent who gave birth to the prospective adoptee or had parentage established pursuant to § 16-909(e).
"(4) In a proceeding under this section, the petitioners shall file, as exhibits to the petition for expedited adoption:
"(A) A certified copy of any document that evidences the petitioners' relationship, such as a marriage certificate or registered domestic partnership certificate, or intent to parent together, such as a consent to parent form pursuant to § 16-909(e)(1)(A);
"(B) A certified copy of the prospective adoptee's birth certificate; and
"(C) A sworn statement by the petitioners that a written agreement pursuant to § 16-909.01(a)(1) has not been executed.
"(c) The court shall not require an investigation, report, and recommendation pursuant to § 16-307 or criminal records check pursuant to § 4-1305.02 prior to the issuance of a final decree of adoption under this section.
"(d)(1) The court shall issue a final decree of adoption under this section if it appears from the face of the pleadings that:
"(A) The intended parents used assisted reproductive technology to produce a child of their union; and
"(B) No other person has a claim to parentage of the prospective adoptee.
"(2) Upon issuance of a final decree of adoption, the court shall provide 4 certified copies of the final decree of adoption to the petitioners at no additional cost.
"(e) For the purposes of this section, the term:
"(1) "Assisted reproductive technology" means any noncoital method of conception used with donor or nondonor eggs or sperm, including in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer.
"(2) "Intended parents" means:
"(A) A married couple;
"(B) Domestic partners registered in the District pursuant to § 32-702(a) or recognized by the District pursuant to § 32-702(i);
"(C) Individuals who maintain a committed relationship, as that term is defined in § 32-701(1); or
"(D) Individuals who signed a consent to parent form pursuant to § 16-909(e)(1).".
Sec. 3. Section 502(4) of the Prevention of Child Abuse and Neglect Act of 1977, effective June 27, 2000 (D.C. Law 13-136; D.C. Official Code § 4-1305.02(4)), is amended by striking the phrase "of this section" and inserting the phrase "of this section or in an expedited adoption proceeding pursuant to D.C. Official Code § 16-318" in its place.
Sec. 4. The lead-in language of section 119(a) of the Vital Records Modernization Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-164; D.C. Official Code § 7-231.19(a)), is amended by striking the phrase "The court" and inserting the phrase "Except for an expedited adoption pursuant to D.C. Official Code § 16-318, the court" in its place.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
