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NV Assembly Bill 227 (2025)

Legislation

State: Nevada
Signed: June 03, 2025

Effective: October 01, 2025
Chapter: 239

Summary

Assembly Bill 227 pertains to various notarized declaration and affidavits related to the adoption process.

Affects

Creates as yet uncodified sections in the Nevada Revised Statutes.

Changes
  1. Provides that a specific consent to an adoption or a relinquishment executed in Nevada, or executed outside Nevada for use in Nevada, is not valid unless it is acknowledged before a Notary Public.
  2. Authorizes an attesting witness to any specific consent to adoption to make and sign an affidavit, as specified, before any person authorized to administer oaths in Nevada, stating such facts as they would be required to testify to in court to prove the due execution of the specific consent to adoption.
  3. Authorizes an attesting witness to a relinquishment to make and sign an affidavit before any person authorized to administer oaths in Nevada, stating such facts as they would be required to testify to in court to prove the due execution of the relinquishment.
  4. Provides that if a prospective adoptive parent or parents determines that an adoption cannot or should not proceed prospective adoptive parent or parents may surrender the adoptive placement by executing a written and notarized declaration, as surrendering the adoptive placement.
  5. Provides that if a prospective adoptive parent determines that an identified adoption cannot or should not proceed and a petition for adoption has not been finalized, the prospective adoptive parent may surrender the adoptive placement by executing a written and notarized declaration surrendering the adoptive placement.
  6. Provides that if a child-placing agency learns that a court of competent jurisdiction has determined that a person has parental rights to a child for whom a relinquishment has been executed, the child-placing agency must execute a notarized declaration voiding the relinquishment.
Analysis

Assembly Bill 227 makes various changes to provide: (1) general provisions applicable to the adoption of children, regardless of the type of adoption; (2) provisions governing the adoption of children in the custody of agencies which provide child welfare services; (3) provisions governing confirmatory adoptions and readoptions; (4) provisions governing close-family adoptions; and (5) provisions governing agency adoptions, identified adoptions and adult adoptions.

The portions of the bill of most interest to us are those which provide for the notarization of consents and relinquishments of adoption, as well as affidavits related to relinquishments, surrendering an adoptive placement, and voiding relinquishments.

The bill takes effect upon passage and approval for the purpose of adopting regulations and performing other preparatory administrative tasks that are necessary to carry out the provisions of this act and on October 1, 2025, for all other purposes.

Read Assembly Bill 227.

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