2012 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-724 - (Formerly Sec. 45-61i). Who may give child in adoption.


CT Gen Stat § 45a-724 (2012) What's This?

(a) The following persons may give a child in adoption:

(1) A statutory parent appointed under the provisions of section 17a-112, section 45a-717 or section 45a-718 may, by written agreement, subject to the approval of the Court of Probate as provided in section 45a-727, give in adoption to any adult person any minor child of whom he or she is the statutory parent; provided, if the child has attained the age of twelve, the child shall consent to the agreement.

(2) Subject to the approval of the Court of Probate as provided in section 45a-727, any parent of a minor child may agree in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child; if that parent is (A) the surviving parent if the other parent has died; (B) the mother of a child born out of wedlock, provided that if there is a putative father who has been notified under the provisions of section 45a-716, the rights of the putative father have been terminated; (C) a former single person who adopted a child and thereafter married; or (D) the sole guardian of the person of the child, if the parental rights, if any, of any person other than the parties to such agreement have been terminated.

(3) Subject to the approval of the Court of Probate as provided in section 45a-727, any parent of a minor child may agree in writing with one other person who shares parental responsibility for the child with such parent that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to such agreement have been terminated.

(4) Subject to the approval of the Court of Probate as provided in section 45a-727, the guardian or guardians of the person of any minor child who is free for adoption in accordance with section 45a-725 may agree in writing with a relative that the relative shall adopt the child. For the purposes of this subsection “relative” shall include, but not be limited to, a person who has been adjudged by a court of competent jurisdiction to be the father of a child born out of wedlock, or who has acknowledged his paternity under the provisions of section 46b-172a, with further relationship to the child determined through the father.

(b) If all parties consent to the adoption under subdivision (2), (3) or (4) of subsection (a) of this section, then the application to be filed under section 45a-727 shall be combined with the consent termination of parental rights to be filed under section 45a-717. An application made under subdivision (2), (3) or (4) of subsection (a) of this section shall not be granted in the case of any child who has attained the age of twelve without the child’s consent.

(P.A. 73-156, S. 10; P.A. 74-164, S. 9, 20; P.A. 80-476, S. 148; P.A. 86-264, S. 9; P.A. 96-130, S. 8; P.A. 98-52, S. 3; P.A. 00-228, S. 2.)

History: P.A. 74-164 reworded Subsec. (b) and added Subsecs. (c) and (d); P.A. 80-476 reorganized Subsecs., combining former (a), (b) and (c) as Subsec. (a) and designating former Subsec. (d) as (b), and rephrased provisions; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-61i transferred to Sec. 45a-724 in 1991; P.A. 96-130 made technical changes to Subdiv. (3) of Subsec. (a); P.A. 98-52 amended Subsec. (a)(2) by deleting phrase “or the other parent has been removed as guardian of the person before October 1, 1973”; P.A. 00-228 amended Subsec. (a)(1) by making a technical change and (a)(2) by changing “if the other parent’s parental rights have been terminated” to “if the parental rights, if any, of any person other than the parties to such agreement have been terminated” and added new (a)(3) re agreement between parent of minor child and one other person who shares parental responsibility for child with parent that the other person shall adopt or join adoption of child, redesignating former Subdiv. (3) as Subdiv. (4), and amended Subsec. (b) by changing references to “subdivisions (2) and (3)” to “subdivisions (2), (3) or (4)”.

Cited. 198 C. 138.

Subsec. (a):

Cited. 41 CS 23.

Annotations to present section:

Cited. 45 CS 33.

Subsec. (a):

Only adoption agreements authorized by subsec. are statutory parent agreements, stepparent agreements and blood relative agreements. 247 C. 474.

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