REPORT Title:

Adoption of Marshallese Children; State Law Inapplicable

Description:

Precludes the Hawaii courts from adjudicating adoption proceedings involving Marshallese children. (SB2607 HD1)

THE SENATE

S.B. NO.

2607

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to adoption.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 578, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§578-   Application to adopt Marshallese child. (a) No child who is the offspring of a citizen of the Republic of the Marshall Islands shall be eligible for adoption within this State without the prior written approval of an appropriate court of the Republic of the Marshall Islands consenting to the adoption. This section shall not apply to a child under the jurisdiction of chapter 587.

(b) The relinquishment of parental rights shall be taken in court when the relinquishing parent is a citizen of a nation under the Compact of Free Association, including the Federated States of Micronesia, Republic of the Marshall Islands, and Palau.

(c) The court shall ensure that in the relinquishment proceeding:

(1) The relinquishing parent and the child are in the state pursuant to the Compact of Free Association's requirement of a visa;

(2) The parent has had at least two counseling sessions regarding all parenting options, including adoption, and that the parent understands the permanent legal impact of the adoption; and

(A) Such counseling sessions shall be provided by qualified professionals who are pre-approved by the court. If the counselor does not speak the primary language of the birth parent, the counseling sessions shall be interpreted by those fluent in the culture and language of the parent;

(B) Neither the counselor nor the interpreter shall be an agent, employee, or associate of the agency or entity facilitating the adoption, and their payment shall be independent of the birth parent's decision; and

(C) The persons providing such counseling and interpretation shall appear in court to testify as to their qualifications and authenticity.

(3) The parent has not been solicited or transported by a third party into the state from the country of origin for purposes of adoption;

(4) The parent has not been subjected to financial inducement, coercion, fraud, or misrepresentation in regards to the adoption;

(5) The parent understands that any promises of ongoing contact, gifts, or opportunities are not enforceable;

(6) The parent is represented both in and out of court by independent legal counsel that does not represent the adoptive parents or the adoption agency; and

(7) The parent is provided with legal documents in the parent's primary language.

(d) The cost of the services in subsection (c) shall be paid by the agency facilitating the adoption who shall not charge any specific adoptive family, but may charge the birth parents.

(e) If the court determines that:

(1) The parent is present in the state;

(2) The parent is in violation of any federal, state, foreign, or internationally binding laws; or

(3) Any of the requirements in this section have not been met,

the court shall withhold acknowledgment of the relinquishment, and report such violations to the proper authorities. The court shall also make appropriate orders to provide protection to the child and parent involved in the proceeding. The court is authorized to consult with the central adoption authority of the relinquishing parents' nation or any federal or state government agencies to effectuate such reports or orders."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.