All Roll Calls
Yes: 61 • No: 1
NevadaAB22783rd Regular Session (2025)HouseWALLET
AN ACT relating to adoption; repealing, reenacting, revising, reorganizing and establishing certain provisions relating to the adoption of children through agency adoptions, identified adoptions, close-family adoptions, confirmatory adoptions, readoptions and adoptions of children placed in the custody of agencies which provide child welfare services under certain circumstances; revising various provisions relating to the adoption of adults; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt various regulations; directing the Legislative Counsel to make various organizational changes concerning the placement of certain compacts for adoption in the Nevada Revised Statutes; providing penalties; and providing other matters properly relating thereto.
Sponsored By: Brittney M. Miller (Democratic)
Signed by Governor
BDR 11-928
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Bill Overview
Analyzed Economic Effects
27 provisions identified: 14 benefits, 1 costs, 12 mixed.
Adoption orders are final and stable
A final adoption order makes the child your legal child with full rights, including inheritance. Parents who gave up or lost rights are no longer legal parents. A placing parent cannot try to undo the adoption unless another court already voided the consent or reversed the termination order. Anyone affected by an adoption order may appeal under normal civil appeal rules.
After rights end, relatives and siblings first
When a court ends parental rights, it must place the child with a qualified person or agency. Placers may prefer relatives up to the fifth degree, and must try to place siblings together when practical. The search for suitable relatives must finish within one year after the child was first placed outside the home. A child keeps inheritance rights unless later adopted.
Enforceable contact and sibling visitation
You can make a written postadoptive contact agreement and have it put in the adoption order. The parent must sign before parental rights end, and you have 120 days to enforce after a breach. Courts add existing sibling‑visitation orders to the adoption order unless someone timely asks to change them. Agencies can ask a court to block or undo illegal placements, and the court may remove a child placed within 6 months if that is best for the child.
More info and help for adopters
Agencies must give prospective adoptive parents a report with the child’s medical records they hold, family history, and any known behavioral or mental‑health issues. If the child may have special needs, the agency must explain possible subsidies, help with applications, and schedule needed evaluations. Court costs are waived in special‑needs adoptions. Financial help ends when the child turns 18 (or 19 if still in school), at graduation at 18 or older, when the child is self‑supporting or emancipated, or on death.
Stronger tribal adoption rights and process
Courts accept tribal customary adoption orders when the tribe consents and it is best for the child. A parent who consented to an Indian child’s adoption can ask to undo it within 2 years if consent was by fraud or duress. If vacated, the court restores parental rights, makes a custody plan, and must share records with the tribe or federal officials within 14 days. Starting Oct 1, 2025, child‑welfare agencies must check if a child may be an Indian child and train staff on Indian Child Welfare Act rules. Courts must refuse a tribal order if a proposed adult caregiver has disqualifying felony convictions.
Lower costs for special‑needs adoptions
Agencies can grant money to help adopt a child with special needs. Help can cover lawyer fees, support, and costs tied to the child’s condition. Agreements are in writing, reviewed yearly, and end at 18 (or 19 if in school), graduation, emancipation, or death. Starting Oct 1, 2025, the court filing fee for such adoptions is capped at $1, and certain postadoptive‑contact petitions also cost no more than $1. Agencies set reasonable service fees, but they cannot charge any fee for adopting a child with special needs and may waive or reduce fees if you cannot pay.
New Nevada adoption code and timing
Nevada created new, organized adoption laws for agency, identified, close‑family, confirmatory, and readoptions. Family courts handle these cases. The law defines key terms like parent, placing parent, prospective adoptive parent, home study, and when adoptive placement begins. Agencies may start rulemaking now. Most changes apply on October 1, 2025. Criminal offense changes apply only to acts on or after October 1, 2025.
New standards for adoption agencies
The Division sets minimum standards and rules for child‑placing agencies, including how placements work and what identifying information parties may share. Agencies must follow these standards. Licenses last one year and renew only if standards are met. The Division may deny or revoke a license after notice and a hearing; you can appeal to district court for a new trial.
Stronger protections for Indian children
Courts must make and record detailed findings that Indian child rules were followed and list the facts and tribal details in the order. The court must send copies to the U.S. Bureau of Indian Affairs. When served with a petition, the agency must file an Indian child compliance report within 90 days. Courts order cases to continue only if notice and inquiry are proper, or they require fixes. If a tribe or the U.S. Secretary of the Interior asks, the court must give adoption records within 14 days.
Stronger rules for Indian child adoptions
Courts and agencies must make a good‑faith inquiry about a child’s tribal status and keep asking until there is enough proof. In cases with an Indian child, the court must consult the tribe and follow placement preferences or make detailed good‑cause findings. Parents may consent only in court no sooner than 10 days after birth, with the right to withdraw before the order. Adoption orders must include required findings and be reported to the Bureau of Indian Affairs. A parent can ask to vacate the adoption within 2 years if consent was obtained by fraud or duress, and the court then restores parental rights and sets a custody plan with notices to the tribe and others.
No payments tied to adoption
It is illegal to pay a parent for placing a child, signing consent, or cooperating in an adoption. It is also illegal to accept birth‑related expense payments with the intent to block or not complete the adoption. Charitable support that is not tied to consent or placement is allowed. Lawful gestational carrier contracts are not affected. Starting October 1, 2025, these rules are reaffirmed with the same felony and gross‑misdemeanor penalties.
Only licensed agencies can place kids
Only a licensed child‑placing agency or a child welfare agency may place or help place a child for adoption. Unlicensed people cannot take money or other value for arranging placements. Ads saying a child is available or that parents are wanted are limited to licensed agencies, and ads must show the agency’s license number. Attorneys cannot get paid to find children or adoptive parents, but can bill for legal work. Breaking these rules can bring criminal charges.
Who can adopt: age and spouse rules
A person who adopts must usually be at least 10 years older than the child. A child 14 or older must agree to the adoption. If you are married and not legally separated, your spouse must agree in writing and file a statement to be named as a parent, and the court must find the home suitable. The court can waive the 10‑year age gap for close relatives when it is in the child’s best interest.
Adoption final steps and contact limits
Courts generally cannot finalize an adoption until the child has lived with the petitioners for 6 months. After finalization, there is a presumption that staying with the adoptive family is best, and placing parents face tight limits on setting aside the adoption. Postadoptive contact agreements are enforceable but limited: you must sue within 120 days of a breach, and a breach cannot undo the adoption or revoke valid consent. Only adoptive parents can ask the court to change or end a contact plan, and the court presumes reducing or ending contact is best unless shown otherwise. Before a final order, a prospective adoptive parent may surrender the placement by a notarized filing, which restores the placing parents’ rights.
Clear rules for consent and relinquishment
Each living parent with rights, and any court‑appointed guardian, must give specific consent unless the law says otherwise. A birth parent’s consent is usually signed no sooner than 72 hours after birth, must be witnessed, and acknowledged before an official. A minor parent may consent without telling their own parents, but a fraud or duress challenge must be filed within 30 days. After a valid relinquishment, the agency has custody and must ask about Indian child status and notify the tribe when required. If a court finds a parent still has legal rights that block an agency adoption, the agency must void the relinquishment and restore the parent’s rights.
Home studies, reports, and parent info
The agency must complete a home study and run state and FBI background checks. You usually pay fingerprint fees unless covered by the Division or county. A post‑placement report is due at least 7 days before the final hearing, unless waived for close relatives. Prospective adoptive parents must get the child’s medical and social history and any special‑needs subsidy info, and confirm receipt in writing. For identified adoptions, the agency must inform the placing parent about the process and counseling, collect background and child history, let them read the home study, handle interstate steps, and keep a full file.
Home studies: fair rules and checks
Starting October 1, 2025, the Division sets clear criteria to judge if a home is suitable. Agencies cannot find a home unsuitable only because a parent is deaf, blind, has another physical disability, or has a registry card. Prospective parents under investigation must submit fingerprints for state and FBI checks and pay the fingerprint and submission fees. Agencies must tell you the results of a home study or post‑placement check and let you review and respond before a negative result. Agencies also try to place siblings together when practical.
How to file and finalize adoptions
You may file a petition after the child is legally free, the agency agrees, and the child is placed with you. The petition must include set facts, give notice to non‑parent custodians, and say if there is reason to know the child is an Indian child. Parties may attend hearings by phone or video unless the court requires in‑person. Courts usually wait 6 months after placement to enter the order and must find adoption is in the child’s best interest. The petitioner or lawyer must send the State vital‑records form within 30 days so a new birth certificate can be issued. Starting Oct 1, 2025, these new petition rules apply to filings on and after that date.
Privacy and sibling visits in adoptions
Adoption hearings are closed to the public, and case files stay confidential unless the court allows access. Courts can grant visits only to certain siblings or relatives when a similar court‑ordered right already exists. Starting October 1, 2025, any existing sibling‑visitation order must be folded into the adoption order unless someone asks within 30 days to change or remove it.
Stricter checks before a child is placed
A child cannot be placed until an approved home study is done and a valid consent or court order ending parental rights is in place. Starting October 1, 2025, agencies must finish the home study within 60 days after a completed application and confirmation to place. While an investigation is pending, the child must stay with the parent or be placed by the agency in a licensed foster home. Consents must meet strict rules: signed no sooner than 72 hours after birth, properly acknowledged and witnessed, and may become invalid if key steps are not taken within 18 months or if fraud or duress is proven within 30 days. In identified adoptions, if the recipient already has legal custody, that person must support the child until the court rules. Parents and any court‑appointed guardian must file written consents as the law requires.
Stronger child‑welfare procedures and privacy
Starting Oct 1, 2025, agencies may work to reunify families while also seeking adoption or guardianship at the same time. Foster‑care providers can see their licensing files (except references). Before any placement‑review hearing, agencies must send a detailed report, get a sibling‑visitation order issued, and give siblings the case number to petition. At first contact, agencies must ask the birth parent about alcohol or drug use in pregnancy and send anonymous stats to the state. Hospitals cannot release infants under 6 months to non‑relatives without a signed parent authorization that is sent to the state. The Division adopts statewide child‑welfare rules, and certain adoption‑investigation records are now confidential.
Confirmatory and intercountry readoption steps
You can ask the court to confirm legal parentage if the child’s birth certificate was issued in this state. For intercountry adoptions, you can readopt by filing the foreign adoption order, the birth certificate, and certified translations. After the court order, you must send a report to the State Registrar so a new birth certificate can be prepared.
More adoption registries and information
The Division keeps a voluntary State Register so adopted adults, birth parents, and close relatives can share contact info. You can withdraw your name at any time. It also keeps a Register of Children with Special Needs after 3 months if no family is identified, using non‑identifying details. The Division publishes an adoption booklet each year with laws, agencies, and available services.
Enforceable postadoption contact agreements
Natural and adoptive parents can sign a written postadoption contact agreement. It is enforceable if signed before rights end, included in the adoption order, and it lists a service address or chosen email. You must file any address change within 15 days. Before finalizing, the court asks if an agreement exists and, if so, includes it in the order. Any party may ask the same court to prove, enforce, modify, or end the agreement; serve by certified mail or by email if chosen.
How to file and finish adoption
After placement, your petition must list your names and ages, the child’s age and placement date, finances, consent or termination facts, any post‑adoption contact, and any signs of trafficking or abuse. The agency must investigate and send a report before the child has lived 6 months with you or within 30 days after it gets the petition, whichever is later. Reports are confidential, and if the agency recommends denial, the judge must let you respond. File an affidavit listing all fees within 15 days after filing or 5 months after placement, whichever is later. The court must notify any non‑parent guardian or custodian, and you may attend hearings by phone or video. After the order, you or your lawyer must file the state adoption report to update the birth record. Witnesses to a consent or a relinquishment may attach sworn affidavits that the court must accept.
Who can adopt and consent rules
A person who adopts is usually at least 10 years older than the child. If the child is 14 or older, the child must agree. The court may waive the age gap for close relatives if it is best for the child. A parent's signed consent is not needed if a court already ended that parent's rights, the parent is deceased, or rights ended by a birth‑father registry in another state.
Court authority and interstate placement rules
Nevada courts handle adoptions when Nevada is the child’s home state in the last 6 months (or since birth for infants under 6 months). The law clarifies which statutes apply to agency, identified, and adult adoptions. Agencies and Nevada‑licensed attorneys—and child‑placing agencies—may handle Interstate Compact steps for placements across state lines. Several older adoption statutes are repealed as part of this reorganization.
Sponsors & Cosponsors
Sponsor
Brittney M. Miller
Democratic • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 5/23/2025
Final Passage - Senate (2nd Reprint)
Yes: 20 • No: 0
House vote • 4/22/2025
Final Passage - Assembly (1st Reprint)
Yes: 41 • No: 1
Actions Timeline
Chapter 239.
6/3/2025legislatureApproved by the Governor.
6/3/2025legislatureEnrolled and delivered to Governor.
5/29/2025legislatureSenate Amendment No. 671 concurred in. To enrollment.
5/27/2025HouseIn Assembly.
5/26/2025HouseRead third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.
5/23/2025SenateTaken from Secretary's desk. Placed on General File.
5/23/2025SenateTaken from General File. Placed on Secretary's desk.
5/23/2025SenateFrom printer. To re-engrossment. Re-engrossed. Second reprint.
5/23/2025SenateRead second time. Amended. (Amend. No. 671.) To printer.
5/22/2025SenatePlaced on Second Reading File.
5/22/2025SenateFrom committee: Amend, and do pass as amended.
5/22/2025SenateRead first time. Referred to Committee on Judiciary. To committee.
4/29/2025SenateIn Senate.
4/28/2025SenateTo Senate.
4/25/2025HouseFrom printer. To engrossment. Engrossed. First reprint.
4/25/2025HouseTo printer.
4/22/2025HouseRead third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: 1.)
4/22/2025HouseDispensed with reprinting.
4/21/2025HouseRead second time. Amended. (Amend. No. 225.)
4/21/2025HousePlaced on Second Reading File.
4/21/2025HouseFrom committee: Amend, and do pass as amended.
4/21/2025HouseNotice of eligibility for exemption.
2/25/2025HouseFrom printer. To committee.
2/6/2025HouseTo printer.
2/4/2025House
Bill Text
As Enrolled
As Introduced
Reprint 1
Reprint 2
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