Title 45a, Title 45a: Probate Courts and Procedure

Sec. 45a-695. (Formerly Sec. 45-78u). Evidence re ability of respondent to give informed consent. Reports by panel members appointed by court. Right of respondent to present evidence and cross-examine witnesses. At any hearing upon such application, the court shall receive eviden…

Sec. 45a-696. (Formerly Sec. 45-78v). Respondent to be present at hearing on ability to give informed consent to sterilization. The respondent shall be present at any hearing regarding his or her ability to give informed consent to sterilization. The court shall inquire at the ti…

Sec. 45a-697. (Formerly Sec. 45-78w). Informed consent. Refusal of sterilization. If the court does not find that the respondent is able to give informed consent, such court shall retain its jurisdiction and shall determine whether such sterilization is in the best interest of th…

Sec. 45a-698. (Formerly Sec. 45-78x). Application by guardian or conservator for consent to sterilization. Whenever sterilization is sought of a person under guardianship or conservatorship, application for consent to sterilization shall be filed in Probate Court by the guardian,…

Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization. (a) The court shall hear medical, social, educational, residential and psychological evidence including but not limited to testimony of the panel appointed under section 45a-695, as to whether suc…

Sec. 45a-699a. Stay of order or decree permitting sterilization. Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, shall be stayed, for a period of not less than ten …

Sec. 45a-700. (Formerly Sec. 45-78z). Surgical or other medical procedures which may result in sterilization. Nothing in sections 45a-690 to 45a-700, inclusive, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A…

Secs. 45a-701 and 45a-702. Reserved for future use. PART VII VOTING RIGHTS

Sec. 45a-703. Application for determination of competency to vote. The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on t…

Secs. 45a-704 and 45a-705. Reserved for future use. PART VIII HABEAS CORPUS

Sec. 45a-705a. Petition for writ of habeas corpus by individual subject to guardianship or involuntary representation. (a) An individual subject to a guardianship or involuntary representation under this chapter may petition for and is entitled to the benefit of the writ of habea…

Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction. The provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-734, inclusive, 45a-736, 45a-737 and 52-231a shall be liberally construed in the best interests of any child for who…

Sec. 45a-706a. Connecticut Indian Child Welfare Act. Application to actions and proceedings involving an Indian child. (a) As used in this section, (1) “Indian child” has the same meaning as provided in section 46b-116a. (b) In any action or proceeding under this chapter involvin…

Sec. 45a-707. (Formerly Sec. 45-61b). Definitions. As used in sections 45a-187, 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, and 45a-724 to 45a-737, inclusive: (1) “Adoption” means the establishment by court order of the legal relationship of parent and child; (2…

Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent. (a) When, with respect to any petition for termination of parental rights filed under section 17a-112, section 45a-715 or section 45a-716, it appears that either parent of the child is a mino…

Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes. (a) Notwithstanding any provision of sections 17a-112, 17a-113, 17a-148, 45a-187, 45a-606, 45a-607, 45a-706 to 45a-708, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-727, 45a-732 to…

Secs. 45a-710 to 45a-714. Reserved for future use. PART II* TERMINATION OF PARENTAL RIGHTS *Cited. 234 C. 194. Cited. 34 CA 176. Cited. 45 CS 33.

Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements. (a) Any of the following persons may petition the Probate Court to terminate parental rights of all persons who may have parental rights regarding any minor child or …

Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party. (a) Upon receipt of a petition for termination of parental rights, the Probate Court, or the Superior Court on a case transferred to it from the Probate Cour…

Sec. 45a-717. (Formerly Sec. 45-61f). Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination. (a) At the hearing held on any petition for the termination of parental rights filed in the Probate Court under section 45a-715, or filed i…

Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation. (a) If a child is free for adoption as provided in section 45a-725, and no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, the Proba…

Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant to common law or may grant a …

Secs. 45a-720 to 45a-723. Reserved for future use. PART III* ADOPTION *Cited. 46 CA 69. Cited. 45 CS 33.

Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption. (a) The following persons may give a child in adoption: (1) A statutory parent appointed under the provisions of section 17a-112, section 45a-717 or section 45a-718 may, by written agreement, subject to the app…

Sec. 45a-724a. Placement for adoption with child-placing agency by Commissioner of Children and Families. Upon the termination of parental rights by the court pursuant to section 17a-112 or 45a-717, the court, at the request of the Commissioner of Children and Families as statuto…

Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption. A minor child shall be considered free for adoption and the Court of Probate may grant an application for the appointment of a statutory parent if any of the following have occurred: (a) The child has no living p…

Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency. (a) If the Commissioner of Children and Families or a child-placing agency is appointed as statutory parent for any child free for adoption, the …

Sec. 45a-726a. Consideration of sexual orientation of prospective adoptive or foster parent. Section 45a-726a is repealed, effective July 1, 2013. (P.A. 91-58, S. 18; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 11; P.A. 13-81, S. 21.)

Sec. 45a-726b. Recruitment of minority families not to delay placement of adoptive child. The recruitment of minority families may not be a reason to delay placement of a child with an available family of a race or ethnicity different from that of the child. (P.A. 99-166, S. 14.)…

Sec. 45a-726c. Term “adoptive parent” substituted for “adopting parent”. (a) Wherever the words “adopting parent” are used in the following general statutes, “adoptive parent” shall be substituted in lieu thereof: 45a-727, 45a-736 and 45a-746. (b) The Legislative Commissioners' O…

Sec. 45a-727. (Formerly Sec. 45-63). Application and agreement for adoption. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree. (a)(1) Except as provided in section 46b-129…

Sec. 45a-727a. Legislative findings re best interests of child. The General Assembly finds that: (1) The best interests of a child are promoted by having persons in the child's life who manifest a deep concern for the child's growth and development; (2) The best interests of a ch…

Sec. 45a-727b. Endorsement of rights and responsibilities of unmarried persons to child subject to adoption, but not marriage or union of such persons. Section 45a-727b is repealed, effective July 1, 2013. (P.A. 00-228, S. 5; P.A. 13-81, S. 21.)

Sec. 45a-728. (Formerly Sec. 45-63b). Regulations re adoption placement of children identified or located by prospective parents. The Commissioner of Children and Families shall adopt regulations in accordance with chapter 54 concerning adoption placement of children who have bee…

Sec. 45a-728a. Participation in birth and visitation of newborn identified for adoption by prospective adoptive parents. Prospective adoptive parents may participate in the labor and birth of the child identified for adoption and may visit with such newborn child, provided the bi…

Sec. 45a-728b. Discharge of newborn identified for adoption from hospital. Prospective adoptive parents permitted to attend hospital programs re infant care. Any licensed hospital discharging a newborn infant identified for adoption to a child-placing agency shall arrange for the…

Sec. 45a-728c. Payment of expenses of birth mother by prospective adoptive parents. With respect to adoption placement of children who have been identified or located by prospective adoptive parents, payment for the living expenses of the birth mother by the prospective adoptive …

Sec. 45a-728d. Advertising by birth parent and prospective adoptive parent for purpose of identified adoption. Any birth parent may advertise through any public media in this state for the placement of his or her child for the purposes of identified adoption. Any prospective adop…

Sec. 45a-729. (Formerly Sec. 45-63c). Penalty for violation of provisions re adoption placement. Any person who places a child for adoption in violation of section 45a-727 or 45a-764 or assists in such a placement shall be guilty of a class D felony. (P.A. 85-285, S. 3, 4; P.A. 0…

Sec. 45a-730. (Formerly Sec. 45-63d). Validation of foreign adoption. Petition filed in Probate Court. (a) Notwithstanding the provisions of section 45a-727, when the adoption of a minor child born outside the United States or its territories has been finalized in a jurisdiction …

Sec. 45a-731. (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights. A final decree of adoption, whether issued by a court of this state or a court of any other jurisdiction, shall have the following effect in this state: (1) All rights, duties and other l…

Sec. 45a-731a. Issuance of final adoption decree notwithstanding death of child. If (1) a minor child, free for adoption pursuant to section 45a-725 on or after January 1, 1995, was placed with prospective adoptive parents by the Commissioner of Children and Families or a license…

Sec. 45a-732. (Formerly Sec. 45-62). Husband and wife to join in adoption. A married person shall not adopt a child unless both husband and wife join in the adoption agreement, except that the Court of Probate may approve an adoption agreement by either of them upon finding that …

Sec. 45a-733. (Formerly Sec. 45-63a). Procedure on application for adoption by stepparent or person who shares parental responsibility with the parent of a child. (a) Notwithstanding the provisions of section 45a-727, in the case of a child sought to be adopted by a stepparent or…

Sec. 45a-734. (Formerly Sec. 45-67). Adoption of adults. Inheritance. (a) Any person eighteen years of age or older may, by written agreement with another person at least eighteen years of age but younger than himself or herself, unless the other person is his or her spouse, brot…

Sec. 45a-735. (Formerly Sec. 45-68). Husband or wife of adopted adult to consent. An agreement of adoption between persons of the age of majority shall not be approved without the written consent of the husband or wife, if any, of the adopted person. (1949 Rev., S. 6872; P.A. 80-…