Conn. Gen. Stat. § 45a-727

Current with legislation from the 2023 Regular and Special Sessions.

Section 45a-727 - (Formerly Sec. 45-63). Application and agreement for adoption. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree

(a)

(1) Except as provided in section 46b-129b, each adoption matter shall be instituted by filing an application in a Court of Probate, together with the written agreement of adoption, in duplicate. One of the duplicates shall be sent immediately to the Commissioner of Children and Families.

(2) The application shall incorporate a declaration that to the best of the knowledge and belief of the declarant there is no other proceeding pending or contemplated in any other court affecting the custody of the child to be adopted, or if there is such a proceeding, a statement in detail of the nature of the proceeding and affirming that the proposed adoption would not conflict with or interfere with the other proceeding. The court shall not proceed on any application which does not contain such a declaration. For the purposes of this declaration, visitation rights granted by any court shall not be considered as affecting the custody of the child.

(3) An application for the adoption of a minor child not related to the adoptive parents shall not be accepted by the Court of Probate unless (A) the child sought to be adopted has been placed for adoption by the Commissioner of Children and Families or a child-placing agency, and the placement for adoption has been approved by the commissioner or a child-placing agency; (B) the placement requirements of this section have been waived by the Adoption Review Board as provided in section 45a-764; (C) the application is for adoption of a minor child by a stepparent as provided in section 45a-733; or (D) the application is for adoption of a child by another person who shares parental responsibility for the child with the parent as provided in subdivision (3) of subsection (a) of section 45a-724. The commissioner or a child-placing agency may place a child in adoption who has been identified or located by a prospective parent, provided any such placement shall be made in accordance with regulations promulgated by the commissioner pursuant to section 45a-728. If any such placement is not made in accordance with such regulations, the adoption application shall not be approved by the Court of Probate.

(4) The application and the agreement of adoption shall be filed in the Court of Probate for the district where the adoptive parent resides or in the district where the main office or any local office of the statutory parent is located.

(5) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the interstate compact on the placement of children, shall apply to adoption placements.

(b)

(1) The Court of Probate shall request the commissioner or a child-placing agency to make an investigation and written report to it, in duplicate, within sixty days from the receipt of such request. A duplicate of the report shall be sent immediately to the Commissioner of Children and Families.

(2) The report shall be filed with the Court of Probate within the sixty-day period. The report shall indicate the physical and mental status of the child and shall also contain such facts as may be relevant to determine whether the proposed adoption will be in the best interests of the child, including the physical, mental, genetic and educational history of the child and the physical, mental, social and financial condition of the parties to the agreement and the biological parents of the child, if known, and whether the best interests of the child would be served in accordance with the criteria set forth in section 45a-727a. The report shall include a history of physical, sexual or emotional abuse suffered by the child, if any. The report may set forth conclusions as to whether or not the proposed adoption will be in the best interests of the child.

(3) The physical, mental and genetic history of the child shall include information about:

(A) The child's health status at the time of placement;

(B) the child's birth, neonatal, and other medical, psychological, psychiatric, and dental history information;

(C) a record of immunizations for the child; and

(D) the available results of medical, psychological, psychiatric and dental examinations of the child. The report shall include information, to the extent known, about past and existing relationships between the child and the child's siblings, biological parents, extended family, and other persons who have had physical possession of or legal access to the child. The educational history of the child shall include, to the extent known, information about the enrollment and performance of the child in educational institutions, results of educational testing and standardized tests for the child, and special educational needs, if any, of the child.

(4) The adoptive parents are entitled to receive copies of the records and other information relating to the history of the child maintained by the commissioner or child-placing agency. The adoptive parents are entitled to receive copies of the records, provided if required by law, the copies have been edited to protect the identity of the biological parents and any other person whose identity is confidential and other identifying information relating to the history of the child. It is the duty of the person placing the child for adoption to edit, to the extent required by law, the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(5) The report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and such person shall be subject to examination.

(6) For any report under this section the Court of Probate may assess against the adoptive parent or parents a reasonable fee covering the cost and expenses of making the investigation. The fee shall be paid to the state or to the child-placing agency making the investigation and report, provided the report shall be made within the sixty-day period or other time set by the court.

(c)

(1) Upon the expiration of the sixty-day period or upon the receipt of such report, whichever is first, the Court of Probate shall set a day for a hearing upon the agreement and shall give reasonable notice of the hearing to the parties to the agreement, the child-placing agency if such agency is involved in the adoption, the Commissioner of Children and Families and the child, if over twelve years of age.

(2) At the hearing the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is in the best interests of the child or order a further investigation and written report to be filed, in duplicate, within whatever period of time it directs. A duplicate of such report shall be sent to the commissioner. The court may adjourn the hearing to a day after that fixed for filing the report. If such report has not been filed with the court within the specified time, the court may thereupon deny the application or enter a final decree in the manner provided in this section.

(3) The Court of Probate shall not disapprove any adoption under this section solely because of an adoptive parent's marital status or because of a difference in race, color or religion between a prospective adoptive parent and the child to be adopted or because the adoption may be subsidized in accordance with the provisions of section 17a-117.

(4) The Court of Probate shall ascertain as far as possible the date and the place of birth of the child and shall incorporate such facts in the final decree, a copy of which shall be sent to the Commissioner of Children and Families.

Conn. Gen. Stat. § 45a-727

(1949 Rev., S. 6867; 1957, P.A. 203, S. 1; 1961, P.A. 156; February, 1965, P.A. 488, S. 13; 1969, P.A. 529; P.A. 73-156, S. 12; P.A. 74-164, S. 10, 20; P.A. 75-163, S. 4; 75-164, S. 1, 3; P.A. 80-476, S. 150; P.A. 85-285, S. 1, 4; P.A. 86-264, S. 10; P.A. 89-363, S. 1; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 12; P.A. 99-166, S. 10; P.A. 00-196, S. 33; 00-228, S. 3; P.A. 12-82, S. 19; June 12 Sp. Sess. P.A. 12-1, S. 143; P.A. 14-104, S. 11.)

Amended by P.A. 14-0104, S. 11 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Amended by P.A. 12-0001, S. 143 of the Connecticut Acts of the 2012 Special Session, eff. 10/1/2012.

Amended by P.A. 12-0082, S. 19 of the the 2012 Regular Session, eff. 10/1/2012.

Annotations to former section 45-63: No right to deprive court of jurisdiction by withdrawing consent after application had been filed. 138 C. 593. Cited. 152 C. 706. Facts support conclusion of trial court there is no basis for setting aside adoption decree for failure of commissioner to "indicate the physical and mental status of the child". 157 Conn. 596. Cited. 198 Conn. 138. Public policy reflected in this section and Secs. 45-61b(g) and 45-64a does not forbid agreement about visiting rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 Conn. 407. If child is under 14, not necessary to give him notice of proceedings. 13 CS 195. Cited. 17 Conn.Supp. 224. Annotations to present section: Cited. 45 Conn.Supp. 33. Subsec. (a): Subdiv. (1) limits jurisdiction of Probate Court to adoption applications accompanied by a written adoption agreement authorized by Sec. 45a-724(a); appointment of statutory parent is a condition precedent to initiation of statutory parent adoption proceeding; placement requirement of Subdiv. (3) does not apply to adoption applications that are not supported by a statutory parent adoption agreement pursuant to Sec. 45a-724(a)(1). 247 Conn. 474.