HOUSE OF REPRESENTATIVES

H.B. NO.

177

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to parental rights.

 

 

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

 


     SECTION 1.  The purpose of this Act is to require the department of human services, including any agency or employee of the department of human services, to abide by a custodial parent's request to relinquish parental rights of a child.

     SECTION 2.  Section 571-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [Relinquishment.]  Voluntary relinquishment.  The parents or either parent or the surviving parent who desire to relinquish parental rights to any natural or adopted child and thus make the child available for adoption or readoption, may petition the family court of the circuit in which they or he or she resides, or of the circuit in which the child resides, or was born, for the entry of a judgment of termination of parental rights.  The petition [shall]:

     (1)  Shall be verified and shall be substantially in such form as may be prescribed by the judge or senior judge of the family court[.  The petition may]; and

     (2)  May be filed at any time following the mother's sixth month of pregnancy; provided that no judgment may be entered upon a petition concerning an unborn child until after the birth of the child and in respect to a legal parent or parents until the petitioner or petitioners have filed in the termination proceeding a written reaffirmation of their desires as expressed in the petition or in respect to a legal parent or parents until the petitioner or petitioners have been given not less than ten days' notice of a proposal for the entry of judgment and an opportunity to be heard in connection with such proposal.

     In a case where a custodial parent desires to relinquish parental rights to any natural or adopted child and petitions for an entry of a judgment of termination of parental rights, the department of human services, any agency within the department, or any employee of the department or an agency within the department shall not interfere or object to the petition."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Termination of Parental Rights; Voluntary Relinquishment

 

Description:

Provides that when both parents or the only custodial parent petitions for the termination of parental rights, the DHS, any agency within the department, or any employee of the department or agency within the department, shall not interfere or object.

 

 

 

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