Nevada 2017 Regular Session Status: Enacted

AB 191 — Revises provisions governing parentage. (BDR 11-761)

Last action — Approved by the Governor. Chapter 63.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2017. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

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Bill Text

What changed in the latest version

461 added · 490 removed

461 line(s) added, 490 removed.

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A.B.
Assembly Bill No.
191 A SSEMBLY B ILL NO .
191–Assemblymen Cohen;
191–ASSEMBLYMEN C OHEN ;
and Pickard CHAPTER..........
AND P ICKARD PREFILED FEBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing parentage.
(BDR 11-761) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
born by assisted reproduction to be in a signed record.
Existing law requires consent by a person who intends to be a parent of a child this bill requires such consent to be in a signed declaration for the voluntary of acknowledgment of parentage.
(NRS 126.680) Section 3 of this bill requires such consent to be in a signed declaration for the voluntary acknowledgment of parentage.
Section 4 of this bill revises the requirements for the intended parent or parents of a child who is the result of a gestational carrier arrangement to obtain an order designating the contents of the birth certificate of the child.
- *AB191* – 2 – Section 4 of this bill revises the requirements for the intended parent or parents of a child who is the result of a gestational carrier arrangement to obtain an order desSection 5 of this bill prohibits the adoption of certain children of whom Nevada is or was the home state except upon an order of a district court of this State.
Section 5 of this bill prohibits the adoption of certain children of whom Nevada is oExisting law prohibits, except in the case of certain agency adoptions, the grant of a petition for adoption of a child unless the petitioners have resided in Nevada for a period of 6 months before the granting of the petition.
Existing law prohibits, except in the case of certain agency adoptions, the grant of a petition for adoption of a child unless the petitioners have resided in Nevada for a period of 6 months before the granting of the petition.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
- 79th Session (2017) – 2 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
or (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding, ¬ whichever occurs earlier.
or proceeding relating to the child begins if that person is a party to the proceeding, ¬ whichever occurs earlier.
- *AB191* – 3 – 4.
4.
2.
- 79th Session (2017) – 3 – 2.
3.
must provide for the child’s support as required by chapter 125B oftate NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:
If the child is a minor, such a judgment or order of this State must provide for the child’s support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:
(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a con6.denAs used in this section, “expedited process” means a voluntary acknowledgment of paternity [,] developed by the State Board of Health pursuant to NRS 440.283, a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.
6.
As used in this section, “expedited process” means a voluntary acknowledgment of paternity [,] developed by the State Board of Health pursuant to NRS 440.283, a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act, judicial procedure or an administrative procedure established by this or another state, as that - *AB191* – 4 – term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.
2.
- 79th Session (2017) – 4 – 2.
Failure of a person to sign a [consent] declaration for the voluntary acknowledgment of parentage required by subsection 1, before or after the birth of the child, does not preclude a finding of parentage if the woman and the person, during the first 2 years of the child’s life, resided together in the same household with the child and openly held out the child as their own.
Failure of a person to sign a [consent] declaration for the voluntary acknowledgment of parentage required by subsection 1, before or after the birth of the child, does not preclude a finding of parentage if the woman and the person, during the first 2 years of child and openly held out the child as their own.usehold with the Sec.
Sec.
If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.
If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.
and - *AB191* – 5 – (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.
and (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.
Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive.
Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this - 79th Session (2017) – 5 – State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive.
(b)] A copy of the gestational agreement is attached to the petition;
petition;
[and (c)] (b) The requirements of NRS 126.740 and 126.750 are satisfied [,] ;
[and of the gestational agreement is attached to the (c)] (b) The requirements of NRS 126.740 and 126.750 are satisfied [,] ;
(a) Is the home state on the date of the commencement of the proceeding;
proceeding;
or (b) Was the home state within 6 months before the commencement of the proceeding, ¬ may not be adopted except upon an order of a district court in this State.
orhome state on the date of the commencement of the (b) Was the home state within 6 months before the commencement of the proceeding, ¬ may not be adopted except upon an order of a district court in this State.
or - *AB191* – 6 – (b) In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state.
or (b) In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state.
Sec.
- 79th Session (2017) – 6 – Sec.
127.005 The provisions of NRS 127.010 to 127.1895, inclusive, and section 5 of this act govern the adoption of minor children, and the provisions of NRS 127.190, 127.200 and 127.210 and the provisions of NRS 127.010 to 127.1895, inclusive, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.
127.005 The provisions of NRS 127.010 to 127.1895, inclusive, and section 5 of this act govern the adoption of minor children, and the provisions of NRS 127.190, 127.200 and 127.210 not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.
[and, unless the petition is a petition for adoption described in subsection 3 of NRS 127.060, the period the petitioners have resided in the State of Nevada before the filing of the petition.] (b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.
[and, unless the petition is a petition for adoption described in subsection 3 of NRS 127.060, the period the petitioners have resided in the State of Nev(b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.
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- *AB191* – 7 – (h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.
(h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.
(i) Whether the child is known to be an Indian child.
- 79th Session (2017) – 7 – (i) Whether the child is known to be an Indian child.
Sec.
9.
NRS 130.316 is hereby amended to read as follows:
Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded fro6.eviIn a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location.
6.
In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location.
- *AB191* – 8 – 9.
- 79th Session (2017) – 8 – 9.
A voluntary acknowledgment of paternity [,] developed by the State Board of Health pursuant to NRS 440.283 or a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act, certified as a true copy, is admissible to establish parentage of the child.
A voluntary acknowledgment of paternity [,] developed by acknowledgment of parentage developed by the State Board ofntary Health pursuant to section 11 of this act, certified as a true copy, is admissible to establish parentage of the child.
(f) An acknowledged father or acknowledged parent as provided by NRS 126.053;
provided by NRS 126.053;ather or acknowledged parent as (g) The mother of the child;
(g) The mother of the child;
and (b) Distribute the declarations to each hospital or obstetric center in this State.
and - 79th Session (2017) – 9 – (b) Distribute the declarations to each hospital or obstetric center in this State.
- *AB191* – 9 – 2.
2.
Before providing a declaration for the acknowledgment of parentage to the mother of a child or a person who wishes to acknowledge the parentage of a child, the agencies described in paragraph (b) of subsection 1 shall ensure that the mother and the person who wishes to acknowledge parentage are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.
Before providing a declaration for the acknowledgment of parentage to the mother of a child or a person who wishes to paragraph (b) of subsection 1 shall ensure that the mother and the person who wishes to acknowledge parentage are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.
(b) Any other person in attendance at or immediately after the birth.
birth.
(c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.
Any other person in attendance at or immediately after the (c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.
or (2) The mother and a person other than the mother’s husband have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 [.] or a - *AB191* – 10 – declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act.
or - 79th Session (2017) – 10 – (2) The mother and a person other than the mother’s husband have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 [.] or a declaration for the voluntary acknowledgment of parentage dev(b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:
(b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:
If both the father and mother execute a declaration consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.
If both the father and mother father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.
The State Registrar’s file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C.
The State Registrar’s file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the Division of Welfare and Supportive Services of the Department of Health and Human - 79th Session (2017) – 11 – Services as necessary to carry out the provisions of 42 U.S.C.
8.
it in NRS 125B.004.this section, “court” has the meaning ascribed to Sec.
As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.
- *AB191* – 11 – Sec.
[or] (b) Mother and another person acknowledging parentage of the child by signing a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act;
[or] (b) Mother and another person acknowledging parentage of the child by signing a declaration for the voluntary section 11 of this act;
or (c) Order of a district court, ¬ the State Registrar, upon the receipt of the declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the declaration or order with no reference to the fact of legitimation.
ore developed by the Board pursuant to (c) Order of a district court, ¬ the State Registrar, upon the receipt of the declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the declaration or order with no reference to the fact of legitimation.
The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C.
The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and - 79th Session (2017) – 12 – Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was made with the information maintained pursuant to Sec.
§ 654a.
Sec.
The amendatory provisions of:
65The amendatory provisions of:
- *AB191* – 12 – of a child that is filed on or after July 1, 2017.petition for adoption Sec.
2.
Sections 5, 7 and 8 of this act apply to a petition for adoption of a child that is filed on or after July 1, 2017.
Sec.
H - *AB191*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 63.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Judiciary. To committee.

  8. In Senate.

  9. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

  10. Read second time.

  11. From committee: Do pass.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Judiciary. To printer.

  14. Prefiled pursuant to JSR 14.2.1(d).

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 65 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 191?
AB 191 is sponsored by Keith Pickard and Cohen, Lesley.
What is the current status of AB 191?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
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