[ Existing law establishesprovides provisionsthe governingmanners in which the adoptionlegal relationship of children.a mother and child can be established, including:

(NRS(1) 127.010-127.186)except Existingin law authorizes any adult or married couple to petition a provides that one or more adults may petition a court for the adoptioncase of a childgestational andagreement, requiresproof that eacha prospectivewoman adoptinggave adultbirth and consenting legal parent seeking to retain his or her parental rights must be a jointchild; petitioner.

(2) an adjudication that a woman is the mother of a child;

(3) proof that a woman has adopted a child;

(4) an unrebutted presumption of a woman’s maternity;

(5) the consent of a woman to assisted reproduction that resulted in the birth of a Assembly Amendment No.

466 to Assembly Bill No.

115 Page 4 child;

or (6) an adjudication confirming a woman as a parent of a child born to a gestational carrier.

(NRS 126.041) Existing law also provides the manners in which the legal relationship of a father and child can be established, including:

(1) an adjudication that a man is the father of a child;

(2) proof that a man has adopted a child;

(3) the consent of a man to assisted reproduction that resulted in the birth of a child;

(4) an adjudication confirming a man as a parent of a child born to a gestational carrier;

(5) a presumption of paternity that arises if a out a child as his natural child;

(6) genetic testing establishing a man as the father of a child;

or (7) a voluntary acknowledgment of paternity by a man.

(NRS 126.041, 126.051, 126.053) Section 2 of this bill authorizes a court to determine that more than two people have a parent and child relationship with a child if the court finds that recognizing only two people as having a parent and child relationship with the child will be detrimental to the child.

Section 2 requires a court to consider all relevant factors when making such a determination, including the harm that may occur to a child by removing him or her from a stable environment with a person who has fulfilled the physical needs of the child and psychological needs of the child for care and affection and has assumed that role for a substantial period.

If a court determines pursuant to section 2 that a child has more than two parents:

(1) section 1 of this bill requires a court that is making a determination regarding the legal or physical custody of the child to allocate custody and visitation among the parents based on the best interest of the child;

(2) section 4 of this bill prohibits a court from granting a petition for section 6 of this bill provides that, with respect to the termination of parental rights, if the mother of the child relinquishes or proposes to relinquish the child for adoption and all other parents have not consented to the adoption or relinquished the child for adoption, the court must determine whether any such parent and child relationship should be terminated.] Existing law establishes provisions governing the adoption of children.

(NRS 127.010-127.186) Existing law authorizes any adult or married couple to petition a court for the adoption of a child.

(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 requires that each prospective adopting adult and legal parent seeking to retain his or her parental rights be joined as a petitioner.

Sections 5.1, 5.3-5.6 and 5.7-5.85 of this bill than two parents.hanges to reflect that a child may have a legal relationship with more thanExisting twolaw parents.requires that a petition for the adoption of a child who currently resides in the home of the petitioners must contain certain information.

to reflect 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.

RevisedSection Statutes,8 ifof morethis thanbill twogenerally personsprovides havethat, afor parentthe andpurposes childof relationshipthe withNevada aRevised childStatutes, pursuantif to[a a prior court order,determines anypursuant reference to thesection parents2 ofthat a child orhas] amore parentthan oftwo a[parents,] childpersons musthave bea interpretedparent toand includechild anyrelationship personwith whom a courtchild haspursuant determined to be a parentprior ofcourt theorder, child.any reference to [:

EXPLANATION(1)] –the Matterparents inof boldeda italicschild isor new;a parent of a child must be interpreted to include any person whom a court has determined to be a parent of the child .

matter[; between brackets [omitted material] is material to be omitted.

THEand PEOPLE(2) OFa THEparent STATEof OFa NEVADA,child REPRESENTEDmust INbe SENATEinterpreted ANDto ASSEMBLY,include DOany ENACTperson ASwhom FOLLOWS:a court has determined to be a parent of a child and to whom the reference can logically be applied.

SectionsServices 1of the Department of Health and 2.Human Services to adopt regulations that establish the guidelines in this State for the support of one or more children;

(Deletedand by(2) amendment.)the -Committee 81stto SessionReview (2021)Child –Support 2Guidelines –to Sec.review such guidelines not less than quadrennially.

(NRS 425.620) Existing law requires courts to apply such guidelines to determine the amount of required support in any case involving the support of children or to change the amount of required support.

(NRS 125B.080) Section 9 of this bill requires the Committee to:

(1) review the guidelines not later than 90 days after the effective date of this bill for the purpose of determining the amount of required support in cases in which a court determines that a child has more than two parents;

and (2) provide any recommendations for revisions to the guidelines to the Administrator.

Section 9 also requires the Administrator to review and Assembly Amendment No.

466 to Assembly Bill No.

115 Page 5 regulations.]recommendations of the Committee and revise or adopt any necessary [ Whereas, Most children have two parents, but in rare cases, a child has more than two people who are that child’s parent in every way;

and Whereas, Separating a child from a parent has a devastating psychological and emotional impact on the child, and courts must have the power to protect children from such harm;

and Whereas, This act does not change any of the requirements for establishing a claim to parentage, but rather provides that if more than two people have claims to parentage, a court may determine that a child has more than two parents if recognizing only two people as having a parent and child relationship with the child will be detrimental to the child;

and Whereas, It is the intent of the Legislature that the amendatory provisions of this act will only apply in the rare cases where a child truly has more than two parents, and a finding that a child has more than two parents is necessary to protect the child from the detriment of being separated from one of his or her parents;

now, therefore,] THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

[Chapter 125C of NRS is hereby amended by adding thereto a new section to read as follows:

Notwithstanding any other provision of law, if a court determines pursuant to section 2 of this act that more than two people have a parent and child relationship with a child, a court making a determination regarding the legal or physical custody of the child shall allocate custody and visitation among the parents based on the best interest of the child, including, without limitation, by addressing the need of the child for continuity and stability by preserving established patterns of care and emotional bonds.

This section must not be construed to require a court to order that all parents share legal or physical custody of a child.] (Deleted by amendment.) Sec.

2.

[Chapter 126 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

A court may determine that more than two people have a parent and child relationship with a child if the court finds that recognizing only two people as having a parent and child relationship with the child will be detrimental to the child.

2.

In making a determination pursuant to subsection 1, a court shall consider all relevant factors, including, without limitation, the harm that may occur to a child by removing the child from a stable environment with a person who has fulfilled the physical needs of the child and the psychological needs of the child for care and affection and has assumed that role for a substantial period.

A finding of the unfitness of a parent or person with a claim to parentage is not required for a court to make a finding pursuant to subsection 1 that recognizing only two people as having a parent and child relationship with the child will be detrimental to the child.

4.

Unless otherwise specified by a court or expressly provided by law, any person who is determined by a court to have a parent and child relationship with a child:

Assembly Amendment No.

466 to Assembly Bill No.

115 Page 6 (a) Is entitled to and possesses all privileges, rights, benefits and protections provided to parents under the laws of this State;

and (b) Possesses all responsibilities, obligations and duties imposed on parents under the laws of this State.] (Deleted by amendment.) Sec.

3.

“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.

This subsection does not preclude a determination by a court that a child has such a legal relationship with more than two [people pursuant to section 2 of this act.] persons.

Secs.Sec.

44. and 5.

(Deleted[Chapter 127 of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:

Notwithstanding any other provision of law, and except as otherwise provided in NRS 127.090, if a court determines pursuant to section 2 of this act that more than two people have a parent and child relationship with a child, a court shall not grant a petition for adoption of a child unless each parent of the child has provided his or her written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments in accordance with the provisions of this chapter.] (Deleted by amendment.) Sec.

5.

[NRS 127.005 is hereby amended to read as follows:

127.005 The provisions of NRS 127.010 to 127.1895, inclusive, and section 4 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, and section 4 of this act, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.] (Deleted by amendment.) Sec.

A court may approve the adoption of a child without regard parentsto if:of the childage and the ages of the prospective adoptive (a) The child isand being adopted by a stepparent, sister, brother, aunt, uncle or first cousin and, if the prospectiveages adoptive parent is married, also by the spouse of the prospective adoptive parent;parents if:

(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 ajoined jointas a petitioner.

2.Assembly Amendment No.

Except466 asto otherwiseAssembly providedBill inNo. 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.

115 Page 7 2.

Except as otherwise provided in subsection 5, a married person not lawfully separated from his or her spouse may not adopt 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 res(a)responsibilities Has,on inthe apart writingof filed with the court,spouse specificallyunless consentedhe to:or she:

(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.

- 81st Session (2021) – 4 – 2.

child127.043 must1. 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.

or (b)Assembly BeAmendment appointedNo. the temporary guardian,  of the person of the child to be adopted.

466 to Assembly Bill No.

115 Page 8 (b) Be appointed the temporary guardian,  of the person of the child to be adopted.

All releases for and consents to adoption executed in this state by the [mother] parent who gave birth to a child before the birth of [a] the child or within 72 hours after the birth of [a] the child are invalid.

- 81st Session (2021) – 5 – Sec.

following:petition2. for adoption must state, in substance, the (a) The full name and age of the petitioners.

The petition for adoption must state, in substance, the following:

(a) The full name and age of the petitioners.

No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, incSec.inclusive.

Sec.

127.160 Upon the entry of an order of adoption, the child shall become the legal child of the persons adopting the child, and they shall become the child’s legal parentsAssembly withAmendment allNo. the rights and duties between them of natural parents and legitimate child.

By466 virtueto ofAssembly suchBill adoptionNo. the child shall inherit from his or her adoptive parents or their relatives the same as though the child were the legitimate child of such parents, and in case of the death of the child intestate the adoptive parents and their relatives shall inherit the child’s estate - 81st Session (2021) – 6 – After a decree of adoption is entered, [the natural parents of anfact.

adopted115 childPage shall9 be]parents anywith parent who has signed a relinquishment or given consent to terminate his or her parental rights is relieved of all parental responsibilities for [such] the adoptedrights child [,] and [they]duties shallbetween notthem exercise or have any rights over [such] the adopted child or the property of [such]natural theparents adoptedand legitimate child.

By virtue of such adoption the child shall inherit from his or her adoptive parents or their relatives the same as though the child were the legitimate child of such parents, and in case of the death of the child intestate the adoptive parents and their relatives shall inherit the child’s estate as if they had been the child’s natural parents and relatives in fact.

After a decree of adoption is entered, [the natural parents of an adopted child shall be] any parent who has given consent to terminate his or her parental rights is relieved of all parental responsibilities for [such] the adopted child [,] and [they] shall not exercise or have any rights over [such] the adopted child or the property of [such] the adopted child.

Notwithstanding any other provisions to the contrary in this section, the adoption of a child [by his or her stepparent shall] does not in any way change the status of the relationship between the child and [his or her natural parent] any legal parent who is [the spouse of the petitioning stepparent.] a petitioner and whose parental rights have not been terSec.terminated.

Sec.

If a child who is in the custody of an agency which provides child welfare services is placed for adoption, the agency must provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580 and the court must conduct a hearing to determine whether to include an order for visitation with a sibling in the decree of adoption.

The court shall incorporate an order for visitation provided to the court pursuant to subsection 1 into the decree of adoption unless, not later than 30 days after notice of the filing of the petition for adoption is provided to [the] all legal [custodian] custodians or [guardian] guardians of the child who are required to be provided -with 81stsuch Sessionnotice (2021)pursuant –to 7NRS –127.123, any interested party in the adoption, including, without limitation, the adoptive parent, the adoptive child, a sibling of the adoptive child, the agency which provides child welfare services or a licensed child-placing agency petitions the court to exclude the order of visitation with a sibling from the decree of adoption or amend the order for visitation before including the order in the decree of adoption.

Upon the petition of a sibling requesting the inclusion of an order for visitation in the decree of adoption, the court may require theAssembly agencyAmendment toNo. provide the clerk of the court with the contact information of the adoptive parent, the adoptive child and the attorney for the adoptive child.

466 to Assembly Bill No.

115 Page 10 the agency which provides child welfare services or the child-placing agency to provide the clerk of the court with the contact information of the adoptive parent, the adoptive child and the attorney for the adoptive child.

If an order for visitation with a sibling is included in a decree of adoption, the court shall, upon the request of a party to the order, provide to the party the case number of the adoption proceeding and any documents or records necessary to enforce the ord6..order.

6.

If a party to an order for visitation withholds the contact information of any person in violation of the order, the court may order the agency which provides child welfare services or a licensed child-child-placing placing agency to provide such contact information to the court under seal.

Secs.Sec.

66. and 7.

(Deleted[Chapter 128 of NRS is hereby amended by amendment.)adding -thereto 81sta Sessionnew (2021)section –to 8read –as Sec.follows:

Notwithstanding any other provision of law, if:

1.

A court determines pursuant to section 2 of this act that more than two people have a parent and child relationship with a child;

2.

The mother of the child relinquishes or proposes to relinquish the child for adoption;

and 3.

All other parents have not consented to the adoption of the child or relinquished the child for adoption,  a proceeding must be brought pursuant to this chapter to determine whether any such parent and child relationship should be terminated.] (Deleted by amendment.) Sec.

7.

[NRS 128.090 is hereby amended to read as follows:

128.090 1.

At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.

2.

The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure.

The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with regard to the rights and claims of the parent of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.

3.

Information contained in a report filed pursuant to NRS 432.097 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of any privilege.

4.

In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.

5.

Any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.

6.

Except as otherwise provided in subsection 7, any hearing held pursuant to NRS 128.005 to 128.150, inclusive, and section 6 of this act is confidential and Assembly Amendment No.

466 to Assembly Bill No.

115 Page 11 must be held in closed court without the admittance of any person other than the petitioner, attorneys, any witnesses, the director of an agency which provides child welfare services or an authorized representative of such person and any other person entitled to notice, except by order of the court.

7.

The files and records of the court in a proceeding to terminate parental rights pursuant to NRS 128.005 to 128.150, inclusive, and section 6 of this act are not open to inspection by any person except:

(a) The person petitioning for the termination of parental rights and a person who intends to file a response to such a petition;

or (b) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor.] (Deleted by amendment.) Sec.

Notwithstanding any other provision of law and unless any of the following interpretations is not possible given the context in which a reference is used or a particular statute expressly provides otherwise, if [a court determines pursuant to section 2 of this act that] more than two people have a parent and childychild provides relationship with a child [,] pursuant to a prior court order, any reference to:

A parent of a child, including, without limitation, a reference to either parent of a child,child , a natural parent of a child or a father or mother of a child, must be interpreted to include any person whom a court has determined to be a parent of the child.child .

[and to whom the reference can logically be applied.] Sec.

(Deleted[1. by amendment.) Sec.

Not later than 90 days after the effective date of this act, the Committee shall:

(a) Review the guidelines established by regulation pursuant to subsection 2 of NRS 425.620 for the support of one or more children for the purpose of determining the amount of required support in cases in which a court has determined that more than two people have a parent and child relationship with a child pursuant to section 2 of this act;

and (b) Provide to the Administrator any recommendations for revisions to the guidelines.

2.

The Administrator shall review and consider any recommendations of the Committee to revise the guidelines in accordance with the provisions of NRS 425.620 and, after reviewing and considering such recommendations, shall revise or adopt any necessary regulations in accordance with the provisions of chapter 233B of NRS.

3.

As used in this section:

(a) “Administrator” means the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services, or a representative of the Administrator.

(b) “Committee” means the Committee to Review Child Support Guidelines created by NRS 425.610.] (Deleted by amendment.) Sec.

~~~~~ 21 - 81st Session (2021)