AB 115 — Revises provisions relating to domestic relations. (BDR 11-118)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

115115–Assemblymen ANguyen, SSEMBLYPeters, BILLGonzález; NO .

115–ASSEMBLYMENTorres NGUYENand ,Watts PETERSJoint ,Sponsors: ONZÁLEZ ;

TORRESSenators ANDScheible, WCannizzaro; ATTS FEBRUARY 11, 2021 ____________ JOINT SPONSORS :

SENATORSand SCHEIBLEBrooks ,CHAPTER.......... C ANNIZZARO ;AND B ROOKS ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic relations.

(BDR 11-118) 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.

(NRS 127.010-127.186) Existing law authorizes any adult or married couple to petition a provides that one or more adults may petition a court for the adoption of a child.child and requires that each prospective adopting adult and consenting legal parent seeking to retain his or her parental rights must be a joint petitioner.

(NRS 127.030) Section 5.2 of this bill instead provides that one or more adults may petition a court for the adoption of a child and or her parental rights be joined as a petitioner.

Sections 5.1, 5.3-5.6 and 5.7-5.85 of this bill make conforming changes to reflect that a child may have a legal relationship with more than two parents.

-to *AB115_R1*reflect – 2 – Existing law requires that a petition for the adoption of a child who currently resides in the home of the petitioners must contain certain information.

(NRS 127.110) Section 5.65 of this bill requires the petition also to include a statement that there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation or abuse.

Section 8 of this bill generally provides that, for the purposes of the Nevada Revised Statutes, if more than two persons have a parent and child relationship with a child pursuant to a prior court order, any reference to the parents of a child or a determinedparent toof be a parentchild ofmust thebe child.ointerpreted to include any person whom a court has THEdetermined PEOPLEto OFbe THEa STATEparent OFof NEVADA,the REPRESENTEDchild. IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionEXPLANATION 1.– Matter in bolded italics is new;

(Deletedmatter bybetween amendment.)brackets Sec.[omitted material] is material to be omitted.

2.THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(DeletedSections by1 amendment.)and Sec.2.

(Deleted by amendment.) - 81st Session (2021) – 2 – Sec.

“Custodial parent” means the parent of a child born out of wedlock who has been awarded physical custody of the child or, if no award of physical custody has been made by a court, the parent with whom the child resides.

Sec.Secs.

4.4 and 5.

5.

(Deleted by amendment.) Sec.

A court may approve the adoption of a child without regard toparents if:of the agechild and the ages of the prospective adoptive (a) The child andis being adopted by a stepparent, sister, brother, aunt, uncle or first cousin and, if the agesprospective adoptive parent is married, also by the spouse of the prospective adoptive parentsparent; if:

- *AB115_R1* – 3 – (a) The child is being adopted by a stepparent, sister, brother, aunt, uncle or first cousin and, if the prospective adoptive parent is married, also by the spouse of the prospective adoptive parent;

Each prospective adopting adult and each consenting legal parent seeking to retain his or her parental rights must be joined as a joint petitioner.

Except as otherwise provided in subsection 5, a married person not lawfully separated from his or her spouse may not adopt - 81st Session (2021) – 3 – a child without the consent of his or her spouse, if such spouse is capable of giving such consent.

If a spouse consents to an adoption as described in subsection 2, such consent does not establish any parental rights or responsibilitiesres(a) onHas, thein parta ofwriting thefiled spousewith unlessthe hecourt, orspecifically she:consented to:

(a) Has, in a writing filed with the court, specifically consented to:

If a person who petitions for the adoption of a child pursuant to this section is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the hearing on the petition.

the court may, in its discretion, waive the 7.

- *AB115_R1* – 4 – Sec.

- 81st Session (2021) – 4 – 2.

127.043child 1.must not be placed in an adoptive home until a valid release for or consent to adoption is executed by the [mother] parent who gave birth to the child as provided by NRS 127.070.

Except as otherwise provided in subsection 2, a child must not be placed in an adoptive home until a valid release for or consent to adoption is executed by the [mother] parent who gave birth to the child as provided by NRS 127.070.