Adop. R. Sup. Ct. D.C. 13

As amended through June 10, 2024

Rule 13 - Joinder or Intervention

(a) PERMISSION TO JOIN OR INTERVENE.

(1)Birth Parents.

(A)In General. The court must grant permission to join to a birth parent:

(i) whose parental rights have not been previously terminated by a court of competent jurisdiction;

(ii) who has not consented to adoption;

(iii) who has not relinquished the child to a licensed child-placing agency or the Mayor; and

(iv) who has not failed to timely respond to the notice of adoption proceeding and whose consent to the adoption has not been waived or found not to be required under D.C. Code § 16-304 (d) or (e) (2012 Repl.).

(B)To Address a Motion to Revoke Relinquishment of Parental Rights or a Motion to Revoke Consent. The court must grant permission to intervene to a birth parent, for the limited purpose of addressing a motion to revoke relinquishment of parental rights under Rule 5 or a motion to revoke consent under Rule 6. If a birth parent's consent or relinquishment is revoked, the court must grant the birth parent permission to join the adoption proceeding.

(2)Mayor or a Licensed Child-Placing Agency. The court must grant permission to intervene to the Mayor or a licensed child-placing agency that has legal control, care, and custody of the prospective adoptee and that is not otherwise a party to the adoption proceeding.

(b) PROCEDURE FOR JOINDER OR INTERVENTION. Requests to join or intervene must be made by motion. The motion must be accompanied by a pleading under oath setting out the basis on which joinder or intervention is sought.

Adop. R. Sup. Ct. D.C. 13

COMMENT

This rule includes intervention provisions previously found in Rule 24. The concept of joinder was added to reflect the fact that a birth parent, who has not consented to the adoption or relinquished parental rights or whose parental rights have not been otherwise terminated, is a required party under Rule 12. Civil Rules 5.1 and 5.1-I, which are made applicable by Rule 1, address notice of and intervention for challenges to the validity or constitutionality of a federal or state statute.