§ 16-308. Investigations when prospective adoptee is adult or petitioner is spouse or domestic partner of natural parent.

Current through October 23, 2012

(a) The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when:

(1) The prospective adoptee is an adult; or

(2) The petitioner is a spouse or domestic partner of the natural parent of the prospective adoptee and the natural parents consents to the adoption or joins in the petition for adoption.

(b) In the circumstances specified in subsection (a)(2) of this section, the petition need not contain the information concerning race and religion as specified in § 16-305(4) and (5).

(c) For the purposes of this section, the term "domestic partner" shall have the same meaning as provided in § 32-701(3), but shall exclude a domestic partner who is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the natural parent.

(d) Nothing in this section shall be construed to waive the requirements of §§ 4-1305.01 through 4-1305.09, including the requirement of a fingerprint-based criminal records check.

                
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(Dec. 23, 1963, 77 Stat. 539, Pub. L. 88-241, § 1; Oct. 30, 1975, D.C. Law 1-25, § 3, 22 DCR 2465; July 18, 2008, D.C. Law 18-33, § 3(a), 56 DCR 4269; Sept. 11, 2009, D.C. Law 18-47, § 3, 56 DCR 4960.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 16-308.

1973 Ed., § 16-308.

Effect of Amendments

D.C. Law 18-33 rewrote the section, which had read as follows:

"The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when:

"(1) the prospective adoptee is an adult; or

"(2) the petitioner is a spouse of the natural parent of the prospective adoptee and the natural parent consents to the adoption or joins in the petition for adoption.

"In the circumstances specified in (2) above, the petition need not contain the information concerning race and religion specified by subparagraphs (4) and (5) of section 16-305."

D.C. Law 18-47 rewrote the section, which had read as follows:

"(a) The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when:

"(1) The prospective adoptee is an adult; or

"(2) The petitioner is a spouse or domestic partner of the natural parent of the prospective adoptee and the natural parents consents to the adoption or joins in the petition for adoption.

"(b) In the circumstances specified in subsection (a)(2) of this section, the petition need not contain the information concerning race and religion specified by § 16-305(4) and (5).

"(c) For the purposes of this section, the term 'domestic partner' shall have the same meaning as provided in § 32-701(3), but shall exclude a domestic partner who is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the natural parent."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 3 of the Adoption and Safe Families Temporary Amendment Act of 2008 (D.C. Law 17-133, March 26, 2008, law notification 55 DCR 4464).

For temporary (225 day) amendment of section, see § 3 of the Safe families Continuing Compliance Temporary Amendment Act of 2008 (D.C. Law 17-297, March 20, 2009, law notification 56 DCR 3008).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3 of Adoption and Safe Families Emergency Amendment Act of 2007 (D.C. Act 17-232, December 27, 2007, 55 DCR 233).

For temporary (90 day) amendment of section, see § 3 of Adoption and Safe Families Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-317, March 19, 2008, 55 DCR 3415).

For temporary (90 day) amendment of section, see § 3 of Adoption and Safe Families Continuing Compliance Emergency Amendment Act of 2008 (D.C. Act 17- 559, October 27, 2008, 55 DCR 12010).

For temporary (90 day) amendment of section, see § 3 of Adoption and Safe Families Continuing Compliance Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-2, January 23, 2009, 56 DCR 1622).

Legislative History of Laws

Law 1-25, the "Stepparent Adoption Facilitation Act," was introduced in Council and assigned Bill No. 1-122. The Bill was adopted on first and second readings on July 1, 1975, and July 15, 1975, respectively. Signed by the Mayor on August 4, 1975, it was assigned Act. No. 1-37 and transmitted to both Houses of Congress for its review.

Law 18-33, the "Domestic Partnership Judicial Determination of Parentage Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-66, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 7, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 21, 2008, it was assigned Act No. 18-66 and transmitted to both Houses of Congress for its review. D.C. Law 18-33 became effective on July 18, 2008.

Law 18-47, the "Adoption and Safe Families Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-12, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 5, 2009, and June 2, 2009, respectively. Signed by the Mayor on June 22, 2009, it was assigned Act No. 18-122 and transmitted to both Houses of Congress for its review. D.C. Law 18-47 became effective on September 11, 2009.