Where to File the Application

A Child From Another State

Fees for Report

Hearing on Agreement

Final Decree or Further Investigation

Probate Court Decisions

Date and Place of Birth

"(a) (1) Each adoption matter shall be instituted by filing an application in a court of probate, together with the written agreement of adoption, in duplicate. One of the duplicates shall be sent forthwith to the commissioner of children and youth services."

"(2) The application shall incorporate a declaration that to the best of the knowledge and belief of the declarant there is no other proceeding pending or contemplated in any other court affecting the custody of the child to be adopted, or if there is such a proceeding, a statement in detail of the nature of the proceeding and averring that the proposed adoption would not conflict with or interfere with the other proceeding. The court shall not proceed on any application which does not contain such a declaration. The application shall be signed by one or more of the parties to the agreement, who may waive notice of any hearings on it. For the purposes of this declaration, visitation rights granted by any court shall not be considered as affecting the custody of the child."

"(3) An application for the adoption of a minor child not related to the adopting parents shall not be accepted by the court of probate unless the child sought to be adopted has been placed for adoption by the commissioner of children and youth services or a child-placing agency, except as provided by section 45a-764, and the placement for adoption has been approved by the commissioner or a child-placing agency. The commissioner or a child-placing agency may place a child in adoption who has been identified or located by a prospective parent, provided any such placement shall be made in accordance with regulations promulgated by the commissioner pursuant to section 45a-728. If any such placement is not made in accordance with such regulations, the adoption application shall not be approved by the court of probate."

"(4) The application and the agreement of adoption shall be filed in the court of probate for the district where the adopting parent resides or in the district where the main office or any local office of the statutory parent is located."

"(5) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the interstate compact on placement of children, shall apply to adoption placements."

"(b) (1) The court of probate shall request said commissioner or a child-placing agency to make an investigation and written report to it, in duplicate, within ninety days from the receipt of such request. A duplicate of the report shall be sent forthwith to the commissioner of children and families."

"(2) The report shall be filed with the court of probate within the ninety-day period. The report shall indicate the physical and mental status of the child and shall also contain such facts as may be relevant to determine whether the proposed adoption will be for the welfare of the child, including the physical, mental, social and financial condition of the parties to the agreement and the natural parents of the child, if known. The report may set forth conclusions as to whether or not the proposed adoption will be for the welfare of the child."

"(3) The report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject himself to examination."

"(4) For any report under this section, the court of probate may assess against the adopting parent or parents a reasonable fee covering the cost and expenses of making the investigation. The fee shall be paid to the state or to the child-placing agency making the investigation and report, as the case may be, provided the report shall be made within the ninety-day period or other time set by the court."

"No fees shall be charged under sections 45a-106 to 45a-112 inclusive, or under section 45a-727 for adoption proceedings involving special needs children."

"(c) (1) Upon the expiration of the ninety-day period or upon the receipt of such report, whichever is first, the court of probate shall set a day for a hearing upon the agreement and shall give reasonable notice of the hearing to the parties to the agreement, the commissioner of children and youth services and to the child, if over twelve years of age."

"(2) At the hearing, the court may deny the application, enter a final decree approving the adoption if it is satisfied that the adoption is for the best interests of the child or order a further investigation and written report to be filed, in duplicate, within whatever period of time it directs. A duplicate of such report shall be sent to the commissioner. The court may adjourn the hearing to a day after that fixed for filing the report. If such report has not been filed with the court within the specified time, the court may thereupon deny the application or enter a final decree in the manner provided in this section."

"(3) The court of probate shall not disapprove any adoption under this section solely because of an adopting parent's marital status or because of a difference in race, color or religion between a prospective adopting parent and the child to be adopted or because the adoption may be subsidized in accordance with the provisions of section 17a-117."

"(4) The court of probate shall ascertain as far as possible the date and the place of birth of the child and shall incorporate such facts in the final decree, a copy of which shall be sent to the commissioner of children and youth services."