Current through codified legislation effective September 18, 2024
Section 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:(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).Added by D.C. Law 24-237,§ 2, 69 DCR 014733, eff. 2/23/2023.