40-8-109. Placement for adoption by parent -- adoption by nonrelative -- requirements before relinquishment of parental rights. (1) A parent who proposes to place a child for adoption with an individual who is not the child's stepparent or a member of the child's extended family shall file with the district court for the county in which the prospective adoptive parent or the parent making the placement resides:
     (a) a notice of parental placement;
     (b) a relinquishment of parental rights to the prospective adoptive parents, executed voluntarily and in accordance with subsection (8); and
     (c) the report of agreements and disbursements required under 40-8-136.
     (2) (a) The notice of parental placement must be signed by the parent making the placement and must contain the following information:
     (i) the name and address of each birth parent, if known, and if unknown, the steps taken to ascertain the whereabouts of the parent or parents;
     (ii) the name and address of each prospective adoptive parent;
     (iii) the name and address or expected date and place of birth of the child; and
     (iv) the name and address of counsel, guardian ad litem, or other representative, if any, for each of the parties listed in subsections (2)(a)(i) through (2)(a)(iii).
     (b) The district court shall provide a copy of the notice to the parent making the placement.
     (3) Upon receipt of a notice of parental placement, the court shall require the department to conduct an investigation and report to the court within 30 days but not earlier than 72 hours after the birth of the child. The report must state whether counseling for the birth parents is required and whether the following requirements for placement have been met:
     (a) that the decision to place was voluntarily made by the birth parents;
     (b) that the department has no temporary authority to investigate or provide protective services to the family under 41-3-402;
     (c) that the birth parents, prospective adoptive parents, and their representatives have provided the court with the report required by 40-8-136;
     (d) that the prospective adoptive parents have been provided a medical and social history of the child and birth parents;
     (e) that the requirements of 40-8-115 and 40-8-116 have been met; and
     (f) that the proposed placement is in the child's best interest.
     (4) The department may contract with licensed social workers and licensed child-placing agencies to conduct the investigations and prepare the report to the court ordered pursuant to subsection (3).
     (5) The department may charge the prospective adoptive parents a fee, commensurate with costs, for the investigation and report.
     (6) Within 45 days of filing of the notice of parental placement and the report required by 40-8-136, the court shall schedule a hearing to consider the proposed adoptive placement.
     (7) (a) At least 5 days' notice of the time and place of the hearing must be given to the birth parents, the prospective adoptive parents, any named guardian ad litem, and the department.
     (b) The hearing is closed to all persons except those persons entitled to notice and their representatives or counsel.
     (8) A parent may not execute a relinquishment of parental rights to an individual who is not the child's stepparent or a member of the child's extended family until the following criteria have been met:
     (a) not less than 72 hours have elapsed since the birth of the child, if the person relinquishing parental rights is the child's birth mother;
     (b) the investigation or home study required by 40-8-115 has been performed; and
     (c) the parent has received counseling in accordance with 40-8-116.
     (9) If the court finds that all requirements for adoptive placement have been met, the court may issue an order or schedule a hearing for the purpose of terminating parental rights and granting temporary custody to the prospective adoptive parents or it may issue a final decree if a petition for adoption has been filed under 40-8-121. The prospective adoptive parents shall file their petition to adopt within 30 days of the order.
     (10) If the court finds that all requirements for the adoptive placement have not been met, the court may issue any order appropriate to protect the child, including granting temporary custody to the prospective adoptive parents or issuing a final decree if a petition for adoption has been filed under 40-8-121.
     (11) The court shall send a copy of the final determination made by the court under this section to the central office of the department.

     History: En. Sec. 11, Ch. 530, L. 1981; amd. Sec. 4, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 277, L. 1987; amd. Sec. 3, Ch. 18, L. 1989; amd. Sec. 1, Ch. 539, L. 1989; amd. Sec. 3, Ch. 683, L. 1991; amd. Sec. 1, Ch. 684, L. 1991.