Bill would let adoption applicants ask courts to review withheld consent

A petitioner who cannot get required consent may ask a court to review the decision. This applies when consent required for an adoption petition under section 43(1)(b), (c), or (d) is withheld. The court must deny the motion and dismiss the adoption petition unless the petitioner proves the required ground by clear and convincing evidence. The printed wording does not clearly show which stated ground applies. The court must decide the motion within 91 days after it is filed, unless there is good cause for more time.

After a qualifying finding, the court may end certain rights or order reimbursement of the petitioner's costs. The possible remedies concern the appropriate court, child placing agency, or department and the petitioner who brought the motion. The court may reimburse reasonable costs of preparing, filing, and arguing the motion and appeal, including attorney fees. The printed wording does not clearly show which stated ground supports the finding.