Nev. Rev. Stat. § 127.NEW

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 127.NEW - [Newly enacted section not yet numbered] [Requirements for a judgment granting adoption]
1. If, upon a petition for adoption of a child duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the child, for all legal intents and purposes, is the child of the petitioner.
2. A judgment entered under this section must include:
(a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of section 30 of this act to determine whether there is reason to know that the child is an Indian child; and
(b) A finding that the child is or is not an Indian child.
3. In an adoption of an Indian child, the judgment must include:
(a) The birth name and date of birth of the Indian child, the Indian child's tribal affiliation and the name of the Indian child after adoption;
(b) If known, the names and addresses of the biological parents;
(c) The names and addresses of the adoptive parents;
(d) The name and contact information for any agency having files or information relating to the adoption;
(e) Any information relating to tribal membership or eligibility for tribal membership of the Indian child;
(f) The determination regarding the Indian child's residence, domicile and tribal wardship status as required under section 24 of this act;
(g) A finding that the petitioner complied with the notice requirements under subsection 2 of section 31 of this act;
(h) If the adoptive placement and the parents entered into a post-adoptive contact agreement or the adoptive placement and the Indian child's tribe has entered into an agreement that requires the adoptive placement to maintain connection between the child and the child's tribe, the terms of the agreement; and
(i) A finding that the adoptive placement complies with the placement preferences under section 37 of this act or, if the placement does not comply with the placement preferences under section 37 of this act, a finding upon the petitioner's motion under subsection 3 of section 37 of this act that good cause exists for placement contrary to the placement preferences.
4. For each finding or determination made under this section, the court must provide a description of the facts upon which the finding or determination is based.
5. Upon entry of the judgment of adoption of an Indian child, the court shall provide to the United States Bureau of Indian Affairs copies of the judgment entered under this section, any affidavit signed by a consenting parent requesting anonymity, and all other required information in accordance with 25 C.F.R. § 23.140.

NRS 127.NEW

Added by 2023, Ch. 389,§45, eff. 1/1/2024.