Official Summary Text
ON APRIL 15, 2026, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 1263, AS AMENDED.
AMENDMENT #2 rewrites the bill to, instead, provide, in addition to present law, an alternative method for the voluntary surrender of parental rights if executed within the geographic boundaries of the state. If a birth parent wishes to surrender the bi
rth parent's child for adoption by a prospective adoptive parent residing in another state, then this amendment authorizes the birth parent to execute the appropriate surrender, consent, or relinquishment documents required under that state's law in lieu
of
a surrender executed in accordance with present law or an out-of-court surrender.
JUDGE'S PRESENCE
This amendment requires the documents required by the other state's law to be executed in the presence of a judge authorized to accept a surrender in this state, except that if the birth parent is incarcerated, then the documents may be executed in the p
resence of the warden or deputy warden of the penitentiary or a notary public.
This amendment permits the presence of a judge authorized to accept a surrender in this state to be satisfied through a virtual video platform on which the judge is able to see and hear the birth parent execute the documents in real time. The administra
tive office of the courts must create a form for a judge to acknowledge the judge's presence, either in person or through a virtual video platform, for the execution of the documents.
This amendment provides the exclusive procedure for the voluntary surrender of parental rights in this state for a surrendering parent who does not wish to appear personally before a judge. This only applies in cases where all of the following criteria
is met:
The child being surrendered is six months or less.
The child being surrendered is not in the custody of the department.
The surrendering party is over 18 at the time of surrender and represented by an attorney.
This amendment does not apply if the surrendering parent has an intellectual or developmental disability, or lacks the mental capacity to execute a legal document. Additionally, this does not affect a father's waiver of parental rights under present law.
NOTICE
This amendment authorizes, in lieu of an in-court surrender pursuant to present law, a birth parent to execute a notice in accordance with this amendment. A petition for approval of a notice that complies may be filed by the attorney representing the bi
rth parent or the attorney representing the accepting party. The notice must be signed by all of the following:
The birth parent.
The attorney representing the birth parent.
The accepting party, which may be the prospective adoptive parent or a licensed child-placing agency.
An attorney representing the accepting party.
This amendment prohibits the parties to execute a notice earlier than 30 days before the birth of the child to be surrendered. The notice is not binding upon any party. The notice expires unless an out-of-court surrender is executed within the latter of
30 days following the birth of the child to be surrendered, or 30 days following the approval of the notice by the court. If the party who executes the notice decides not to execute an out-of-court surrender or revokes an out-of-court surrender in accor
da
nce with this amendment, then the court must seal all records in the proceeding in accordance with present law. The records in the proceeding must not be used as evidence in a custody or guardianship hearing.
FILING AND HEARING
This amendment requires, upon execution of the notice by all required parties, the notice, a petition for approval of the notice, and a home study report to be filed with the clerk of the chancery or circuit court having jurisdiction. The clerk must ass
ign a docket number, and the matter must be set before a judge of competent jurisdiction and heard within 14 days of the filing of the notice and petition. An attorney for either the birth parent or the prospective adoptive parent may request an emergenc
y
docket setting for the purpose of filing and judicial review of the notice. All court reports submitted are confidential and are not open to inspection by any person except by order of the court entered on the minute book. The court is required, however
, to disclose to the prospective adoptive parent any adverse court reports or information contained therein, but must protect the identity of any person reporting child abuse or neglect in accordance with the law. A surrendering party must complete a soc
ia
l and medical history form as promulgated by the department, or a substantially similar form, and attach the completed and executed form to the surrendering party's pre-surrender information form in accordance with present law. The surrendering party's p
re-surrender information form must be filed with the notice. The party accepting guardianship of the child being surrendered, if other than a licensed child-placing agency, must complete the accepting party's pre-acceptance information form in accordance
w
ith present law. The accepting party's pre-acceptance information form must be filed with the notice.
This amendment requires the court, at the hearing on the notice, to review the executed notice, the court report based upon the home study, the surrendering party's pre-surrender information form, and the accepting party's pre-acceptance information form
, as applicable, and determine whether the documents comply with this amendment. If the court determines that the requirements have been satisfied, then the court may enter an order approving the notice, and enter a provisional order of guardianship nami
ng
the accepting party as guardian of the child effective upon filing of the notice of surrender. An order approving the notice and a provisional order of guardianship expires if an out-of-court surrender is not executed within the latter of 30 days follow
ing the birth of the child to be surrendered, or 30 days following the approval of the notice and provisional order of guardianship by the court.
OUT-OF-COURT SURRENDER FORM
This amendment authorizes the birth parent, following judicial approval of the notice, to execute an out-of-court surrender form. In accordance with present law, an out-of-court surrender is not valid unless executed after the latter of discharge of the
birth parent from a hospital or other birthing facility after the birth of the child, or 72 hours following the child's birth. The surrendering party's attorney must advise the person surrendering the child of the right of revocation of the surrender, t
he
time period for revocation, and the procedure for revocation in accordance with this amendment, and provide the surrendering party with the revocation of out-of-court surrender form developed by the administrative office of the courts, which must include
the date and time by which the revocation must be filed, and the address for the court in which the revocation must be filed. The execution of an out-of-court surrender must be witnessed and certified by all of the following:
The attorney representing the surrendering party.
An independent and disinterested adult witness of the surrendering party's choice who is not an ineligible witness under this amendment.
A notary public who is not ineligible to serve as a notary public under this amendment.
This amendment requires the attorney, witness, and notary public to be three different people. The surrendering party's attorney must not be the same attorney who is representing the prospective adoptive parents or the licensed child-placing agency. Th
e following persons are not eligible to serve as the adult witness or the notary public:
The prospective adoptive parent of the child being surrendered.
An employee or representative of a licensed child-placing agency that has received compensation or anything of value related to the placement or adoption of the child being surrendered.
A relative of the surrendering party within the third degree of consanguinity.
A relative of the prospective adoptive parent within the third degree of consanguinity.
The other legal parent of the child, or the surrendering party's spouse, at the time the out-of-court surrender is executed.
The attorney representing the surrendering party or the other prospective adoptive family.
A paramour of the surrendering party.
Certification of Compliance
This amendment requires the attorney for the birth
parent to certify compliance with this amendment. Within three days of the execution of the out-of-court surrender, the certification of compliance and executed out-of-court surrender must be filed with the court under the assigned docket number of the p
etition. The certification and executed out-of-court surrender may be filed by the attorney representing the surrendering party or the attorney representing the accepting party. The court must issue an order of guardianship granting legal and physical c
us
tody to the accepting party, subject to further proceedings for finalization of the adoption, immediately upon the filing of an out-of-court surrender executed by the birth parent. At the time of execution of the out-of-court surrender:
The birth parent must be provided with: (i) a copy of the executed out-of-court surrender, and (ii) a revocation of out-of-court surrender form which specifies the date and time by which the revocation must be executed.
The person, or the local representative of the licensed child-placing agency, to whom the child is surrendered must receive a copy of the executed out-of-court surrender.
Motion for Full Guardianship
The amendment requires, within seven days of the execution and filing of the out-of-court surrender, the attorney representing the party to whom the child is surrendered to file a motion for full guardianship in the court where the original notice was ap
proved.
Revocation
This amendment requires an out-of-court surrender to expressly state that it is revocable in accordance with the revocation procedures set forth in present law, and must specify the date and time by which the revocation must be executed and the location
where the revocation must be filed. For out-of-court surrenders the revocation period begins upon execution of the out-of-court surrender, and the court may not reduce the three-day revocation period as otherwise allowed under present law. An out-of-cou
rt
surrender may be revoked by executing a revocation of out-of-court surrender form. An executed and notarized revocation of out-of-court surrender form must be hand-filed with the court in which the out-of-court surrender was filed, which must be identif
ied in the out-of-court surrender document. The revocation of out-of-court surrender form must be hand-filed within the three-day timeframe pursuant to present law. A revocation of out-of-court surrender may be filed in person by the birth parent, or by
t
he attorney for the birth parent. If the surrendering party has misplaced or otherwise does not have a revocation of out-of-court surrender form, then the person may apply to a court that is qualified to receive a surrender in this state to execute a rev
ocation before a judge of that court as provided in this chapter. The clerk of court must accept this revocation and transfer it to the surrendering court.
Force and Effect
This amendment provides that an out-of-court surrender executed in compliance has the same force and effect as a surrender executed before the court under present law. All revocation, rescission, and finality provisions, including the present law, apply
equally to out-of-court surrenders executed under this amendment. This applies to any out-of-court surrender of parental rights executed in this state on or after January 1, 2027.
This amendment provides that notwithstanding the notice expiring unless an out-of-court surrender is executed within the latter of 30 days following the birth of the child to be surrendered or 30 days following the approval of the notice by the court:
If a parent executes, and the court approves, a notice and the individual who executed the notice leaves the infant with the accepting party or leaves the child with a facility identified under present law without exercising the out-of-court surrender within the thirty-day period and does not seek the return of the child to the parent's custody, then: (i) within seven days of the expiration of the notice, the attorney representing the accepting party must file a motion for full guardianship of the child in the court where the original notice was approved, and (ii) the court must presume it was the will and intention of the parent who executed the notice that the child be placed with the accepting party for the purpose of adoption unless the court determines that such placement is not in the best interest of the child or the accepting party identified in the notice declines the placement.
If a parent executes, and the court approves, a notice and the individual who executed the notice is unable to execute the out-of-court surrender due to the parent's death, then the attorney representing the accepting party must file a motion for full guardianship in the court where the original notice was approved within seven days of the expiration of the notice, and the court must presume it was the will and intention of the parent who executed the notice that the child be placed with the accepting party for the purpose of adoption.
If a parent executes, and the court approves, a notice and the individual who executed the notice is unable to execute the out-of-court surrender due to the parent's incapacitation, then the court must set a hearing to determine the best interest of the child and must issue an order stating whether or not it is in the child's best interest to be placed with the accepting party for the purpose of adoption.
This amendment requires the finalization of an adoption of a child surrendered to be in accordance with this amendment.
ACCESS TO FORMS
This amendment requires the
administrative office of the courts to develop and make available to the public on the administrative office of the courts' website, the following forms:
A notice form, which must include an acknowledgment of rights and consequences consistent with present law.
An out-of-court surrender form.
A revocation of out-of-court surrender form.
EFFECTIVE DATE
This amendment provides that for the purpose of the development of forms, this takes effect upon becoming a law. For all other purposes, this act takes effect January 1, 2027.