Section 1. Title.  

This Act shall be known and may be cited as the “Adoption as a Third Option Act.”  

Section 2. Legislative Findings and Purpose.    

• (a) The Legislature finds that many women facing an unplanned pregnancy are presented with only two perceived options: parenting without adequate support or abortion. The Legislature further finds that modern adoption practices, including open adoption, post-adoption contact agreements, counseling, legal support, and pregnancy-related assistance, provide a compassionate third option for birth mothers, children, and adoptive families.   
• (b) The purpose of this Act is to increase public awareness of adoption, ensure women are informed of their rights and resources, support safe and timely placement of children, and protect the integrity of adoption proceedings in this State.  

Section 3. Adoption Education in Schools and Related Instruction.  

• (a) An educational institution under general supervision, governance or control of the state board of education or the board of regents of the university system shall provide information explaining current adoption practices and where to find resources and support in [STATE] wherever and whenever contraception is discussed or dispensed, or both, or sexually transmitted diseases or sexually transmitted infections are discussed or tested for, or both.   
• (b) The instruction should include information relating to:   
  1. current adoption practices in the United States;   
  2. the availability of open and closed adoption;  
  3. adoption as a means of providing for the well-being of a child,
  4.  adoption resources and support available in this State;   
  5. the State’s Safe Haven law.   

Section 4. Human Growth and Development Instruction  

• (a) Beginning with the 2026-2027 school year, each public school district, charter school or other public school serving students in grades 5 through 12 shall include age-appropriate instruction on human growth and development.   
• (b) Such instruction shall include but shall not be limited to a presentation of:  
  1. A high-definition ultrasound video, at least three (3) minutes in duration, showing the development of the brain, heart, sex organs, and other vital organs in early fetal development; and  
  2. A high-quality, computer-generated rendering or animation showing the process of fertilization and every stage of human development inside the uterus, noting significant markers in cell growth and organ development for every week of pregnancy until birth.  
• (c) The instruction required in subsection (a) of this section shall also be included in every class that discusses or provides instruction concerning human biology, contraception, sexually transmitted diseases or sexually transmitted infections.   

Section 5. Safe Haven Placement. 
A Safe Haven shall take temporary physical custody of a child, without court order, if the child is delivered to a Safe Haven personally or through a newborn safety device.   

• (a) “Newborn safety device” means a device that is voluntarily installed in a supporting wall of a hospital, fire station, law enforcement agency, or medical services provider that is staffed twenty-four (24) hours per day and that has an exterior point of access allowing an individual to place a newborn infant inside and an interior point of access allowing individuals inside the building to safely retrieve the newborn infant.     
• (b) Upon notification by a safe haven that a child has been abandoned pursuant to the provisions of this chapter, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control and custody of the Department of Health and Welfare or equivalent State agency.   
• (c) When a surrendered child requires further medical evaluation, care, or treatment and the adoption agency selected by the department of health and welfare pursuant to subsection (b) of this section is unable to locate a prospective adoptive family within forty-eight (48) hours, the child shall be placed in the care of a hospital, and the peace officer or other person appointed by the court shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.  
• (d) The department of health and welfare shall place a surrendered child with a potential adoptive parent as soon as possible. DHW will maintain  a list of licensed adoption agencies to contact for the placement of surrendered children and shall transfer care, control, and custody of a surrendered child to the department’s selected adoption agency for placement within twenty-four (24) hours of taking custody of the child, unless exigent circumstances exist.  
• (e) If applicable, all requirements of the Indian Child Welfare Act, U.S.C. § 1901 et seq., and any applicable State law concerning Native American or Alaska Native children shall be followed.  

Section 6. Prohibition on Unlicensed Adoption Placement.  

• (a) Any person or persons who shall sell or barter any child for adoption or for any other purpose, shall be guilty of a felony, and upon conviction shall be punished as provided by state law.  
• (b) Any person or organization without a valid and unrevoked license to place children for adoption issued by this State shall be guilty of a misdemeanor if such person or organization:  
  1. Advertises in any periodical or newspaper, by radio, or by any other public medium that the person or organization will place children for adoption;  
  2. Accepts, supplies, provides, or obtains children for adoption; or  
  3. Publishes or causes to be published any advertisement soliciting children for adoption.  
• (c) This section shall not apply to a birth parent acting with respect to the parent’s own child.  

Section 7.  Birth Mother Expenses and Court-Approved Financial Plan. 

• (a) This Act does not prohibit any person, prospective adoptive parent or licensed adoption agency from providing reasonable maternity and living expenses, in addition to legal and medical costs, during the pregnancy and for a period not to exceed six (6) months post-partum, based on demonstrated financial need. 
• (b) Any person or agency, seeking to provide financial assistance in excess of two thousand dollars ($2,000) shall do so after informally submitting to a court of competent jurisdiction, a verified financial plan outlining proposed expenditures.   
• (c) The court may approve or amend the financial plan and shall not be required to make any findings prior to an approval.   
• (d) The court shall take into consideration all of the needs of the birth mother from the time of conception of the child, including housing, medical, basic living, transportation, and any increases to cost of living.  
• (e) Payments shall be made to third-party vendors, when reasonably practical. All actual expenditures shall be presented by verified affidavit of counsel or the agency at the time of the adoption finalization.  

Section 8. Birth Mother Rights. 

• (a) A child shall not be adopted without the consent of the child’s birth mother, unless her parental rights have previously been terminated by a court order or the mother is deceased.   
• (b) Consent shall not be executed until at least forty-either (48) hours after the birth of the child.   
• (c) Consent shall be in writing, shall be signed before a judge or magistrate, and shall include acknowledgement that the birth mother has been advised of her rights pursuant to this chapter.   
• (d) Consent to an adoption shall become irrevocable upon execution, except in cases  of fraud, duress, or material misrepresentation.   
• (e) A birth mother shall have a right to independent legal counsel in any adoption proceeding. For the purposes of this section, “independent legal counsel” means legal counsel NOT representing any other party to the proceeding, provided at no cost to her.   
• (f) A birthmother shall be offered at least four (4) optional counseling sessions prior to executing consent and at least four (4) optional counseling sessions after executing consent to the adoption, provided at no cost to her.  
• (g) A birthmother shall be reimbursed for reasonable and necessary pregnancy-related expenses as provided by law.  
• (h) The acceptance or refusal of these rights shall be documented in writing and filed with the court prior to acceptance of consent to adoption.   
• (i) The Department shall develop and make available, in both electronic and printed form, a standardized informational pamphlet entitled “Your Rights as a Birth Mother in [State]”.  The pamphlet shall be written in plain, nontechnical language and shall summarize the rights of a birth mother under this Act. This pamphlet must be provided by the adoption agency or attorney to any woman considering placing her baby for adoption.  

Section 9. Post-Adoption Contact Agreements 

• (a) “Post-adoption contact agreement” means a agreement entered prior to the finalization of an adoption of a child that outlines the relationship, communication, or exchange of information between an adoptive parent, a birth parent, and an adopted child after the finalization.  
• (b) A post-adoption contact agreement is enforceable if:  
  1. Each party had the opportunity to consult with and be represented by a licensed attorney prior to signing;  
  2. The agreement is approved by the court before or as part of the finalization of the adoption;   
  3. The agreement is signed by each party claiming a right or obligation in it.  
• (c) A post-adoption contact agreement shall describe the information to be provided to the birth parent about the adopted child, the information to be provided to the child about the birthparent, how often that information shall be provided, and the method of delivery.  
• (d) A post-adoption contact agreement shall be filed with the court upon finalization of adoption.  
• (e) A post-adoption contact agreement may not limit the adoptive parent’s ability to move out of state.  
• (f) A post-adoption contact agreement may be modified by written consent of the adoptive parent and birth parent, or by court order if modification is in the best interest of the child.  
• (g) A post-adoption contact agreement that has been found not to be in the best interest of the adopted child shall not be enforced.  
• (h) A violation of a post-adoption contact agreement is not grounds to set aside an adoption.  
• (i) Nothing in this section requires a postadoption contact agreement before an adoption may be finalized.  

Section 10. Severability.   

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. 

Section 11. Effective Date.  
This Act shall take effect on _______________________.