Sec. 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. Asse
Sec. 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) 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. The application shall be signed by one or more of the parties to the agreement, who may waive
notice of any hearing on it. 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 adopting
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 adopting 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
adopting 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 adopting parent's marital status or because of a difference in race, color
or religion between a prospective adopting 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.
(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.)
History: 1961 act substituted "blood relative descended from a common ancestor not more than three generations
removed ..." for "sister, brother, aunt, uncle or grandparent" in Subdiv. (1); 1965 act required that welfare commissioner
be notified of hearing; 1969 act defined "child" and "blood relative" for purposes of Subdiv. (1); P.A. 73-156 required
that adoption application contain declaration that no other proceeding is pending or contemplated which would affect
custody of the child and prohibited court from proceeding on application which does not contain the required declaration,
referred to statutory parent rather than to welfare commissioner or agencies licensed by him, deleted provisions requiring
that report contain child's religious affiliation, the identity of parties to the agreement and natural parents if known, deleted
provisions re interlocutory decree pending final action on adoption and prohibited disapproval of adoption solely because
of adopting parent's marital status or difference in race, color or religion between prospective parent and child to be adopted;
P.A. 74-164 clarified provision re declaration that no other proceedings are pending or contemplated and added provision
re statement that other proceedings, if existing, do not conflict with proposed adoption, simplified statement re permissible
circumstances for acceptance of adoption application, prohibited disapproval of adoption solely because adoption may be
subsidized in accordance with Sec. 17-44b and required that copy of decree be sent to welfare commissioner; P.A. 75-163
replaced welfare commissioner with "commissioner of the department of children and youth services"; P.A. 75-164 clarified
that in terms of required declaration, visitation rights granted by court are not considered to affect custody; P.A. 80-476
divided section into Subsecs. and Subdivs. and rephrased provisions; P.A. 85-285 amended Subsec. (a)(3) to permit adoption
placement of child identified or located by prospective parent, provided placement is in accordance with regulations,
effective on date regulations are adopted pursuant to Sec. 45-63b, i.e., June 19, 1986; P.A. 86-264 changed age of minor
from 14 to 12 years of age; P.A. 89-363 amended Subsec. (a)(5) by providing that Sec. 17-81a, regarding interstate compact
on placement of children, shall apply to adoption placements; Sec. 45-63 transferred to Sec. 45a-727 in 1991; P.A. 93-91
substituted commissioner and department of children and families for commissioner and department of children and youth
services, effective July 1, 1993; P.A. 96-130 made technical changes to section and in Subsec. (a)(3) deleted phrase "except
as provided in section 45a-764" and added Subparas. (B) and (C) re waiver by Adoption Review Board and adoption by
stepparent; P.A. 99-166 amended Subsec. (b)(1) by changing report to Probate Court from 90 to 60 days from receipt of
request and (b)(2) by requiring report to include genetic and educational history of child and history of physical, sexual
or emotional abuse suffered by child, if any, and added (b)(3) and (4) detailing the required contents of the report and
providing that adoptive parents are entitled to copies of records and other information re history of child, provided copies
have been edited to protect identity of biological parents; P.A. 00-196 made a technical change in Subsec. (c)(1); P.A. 00-228 added Subsec. (a)(3)(D) providing exception for application for adoption of child by another person who shares parental
responsibility for child with parent and amended Subsec. (b)(2) by adding requirement that report indicate whether the
best interests of the child would b served in accordance with criteria in Sec. 45a-727a.
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". Cited. 157 C. 596. Cited. 198 C. 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 C. 407.
If child is under fourteen, not necessary to give him notice of proceedings. 13 CS 195. Cited. 17 CS 224.
Annotations to present section:
Cited. 45 CS 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 C. 474.