IDENTIFIED AND PRIVATE ADOPTION REFORM BILL
CCA members began to discuss the need for changes to the Identified Adoption regulations back in 2011, but we were not able to assemble an effective working group until 2018. Members of CCA representing several private agencies, as well as key DCF staff, began to meet regularly and collaborate on reviewing the statute and regulations, and developing recommendations for updating and expanding this statute to include all private adoptions. In 2021 we began to collaborate with Probate Court Administration to solicit their input and assistance. This has been a cooperative venture with all stakeholders participating. This bill (SB 1009) was considered in 2023 and was approved by the Children’s Committee but did not pass in the Senate during the session. The bill was re-introduced in 2024 as SB 125, approved by the Children’s Committee, but did not move forward for a vote due to political differences regarding language.
We believe strongly that Connecticut needs to update this law, and these regulations to include private agency adoption, as well as identified adoption. We believe that this is best practice and will provide safeguards and protections for biological parents, adoptive parents, and the children involved. The initial statute and DCF’s regulations date back to 1990. Identified adoption, defined as an adoption where a non-related child was identified and/or located for the purpose of adoption by prospective adoptive parents prior to the child’s placement in the home (and without the support of a licensed agency) make up only about 10-20% of all private adoptions in CT according to an informal survey of our members. Most adoption matches are made by a CT licensed private agency working with both the biological and adoptive families, or by an approved out of state agency working with biological parent(s) and a CT agency working with the adoptive parents. However, the law and the regulations are silent on adoptions that are conducted this way.
The proposed revisions to this statute will also provide clarity for how payment or reimbursement for pregnancy-related living expenses can be made in all types of private adoption, and safeguards for both the biological and adoptive parents in the event that adoption does not occur.
The changes include allowing payment by adoptive parents of reasonable living expenses, fees and services related to the pregnancy along with specific timelines in which these expenses can be paid or reimbursed to the biological mother. The Probate Court will have oversight and ultimately approve the living expenses paid in any private adoption case. The agency, the biological mother and the adoptive parents will file financial affidavits with the Court. Living expenses under $2000 can be paid without filing a sworn affidavit if the agency determines there is a demonstrated need.
The proposed legislation also states that biological parents are not obligated to place a child as a condition of receiving any living expenses, and that if they do not choose to sign consents to termination of their parental rights after the child is born, the prospective adoptive parents have no right to reimbursement. However the prospective adoptive parents can seek reimbursement if the biological mother was not pregnant at the time of receipt of the payment, or if she received payments simultaneously from other prospective adoptive parents
There are emerging, significant concerns in the CT adoption community regarding Internet advertising by non-licensed and non-regulated for profit entities outside the state and the impact this has on adoptive and birth parents and children. We hope that the DCF statutes and regulations will be updated to address this practice as well.