CLOSE-FAMILY ADOPTIONS

Nev. Rev. Stat. 127D
in effect

Nev. Rev. Stat. § 127D.010 Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 127D.020 to 127D.060, inclusive, have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 127D.020 “Parent” defined.

“Parent” means a person: 1. Who has legal rights, privileges, responsibilities and obligations to a child and is a biological or legal parent of a child whose parental rights have not been terminated by a court order or execution of a specific consent to adoption or relinquishment; 2. Who is a putative parent or proven parent of a child; 3. Who is presumed to be the parent of a child; 4. Whose paternity or parentage has been established pursuant to chapter 126 of NRS; or 5. Whose parentage has been confirmed by a court order.

Nev. Rev. Stat. § 127D.030 “Placing parent” defined.

“Placing parent” means a parent who executed a specific consent to adoption or relinquishment pursuant to this chapter.

Nev. Rev. Stat. § 127D.040 “Prospective adoptive parent” defined.

“Prospective adoptive parent” means a person with whom a child has been placed for adoption but whose petition for adoption has not been granted by the court.

Nev. Rev. Stat. § 127D.050 “Relinquishment” defined.

“Relinquishment” means a document that is executed in an adoption which: 1. Terminates the parental rights of the person executing the document in the child to be adopted; and 2. Places the child for adoption with a named child-placing agency.

Nev. Rev. Stat. § 127D.060 “Specific consent to adoption” defined.

“Specific consent to adoption” means a document that is executed in an adoption which: 1. Terminates or retains the parental right of the person executing the document; and 2. Authorizes the child to be adopted by a specifically named person or persons.

Nev. Rev. Stat. § 127D.070 Scope of chapter; applicability of other provisions.

In addition to the requirements set forth in chapter 127A of NRS, this chapter governs close-family adoptions.

Nev. Rev. Stat. § 127D.080 Persons and entities authorized to perform duties relating to compliance with Interstate Compact on the Placement of Children.

Compliance with the requirements of the Interstate Compact on the Placement of Children pursuant to chapter 127F of NRS may be performed by an agency which provides child welfare services, a child-placing agency or an attorney licensed to practice law in this State.

Nev. Rev. Stat. § 127D.100 Court order required for adoption of children with certain connections to this State; exception.

1. Except as otherwise provided in chapter 125E of NRS and NRS 127D.200 , 127D.270 , 127D.310 , 127D.320 and 127D.330 , a child of whom this State: (a) Is the home state on the date of the commencement of the proceeding; or (b) Was the home state within 6 months before the commencement of the proceeding, Ê may not be adopted except upon an order of a district court in this State. 2. As used in this section, “home state” means: (a) The state in which a child lived for at least 6 consecutive months, including any temporary absence from the state, such as a placement outside of the state through the Interstate Compact on the Placement of Children pursuant to chapter 127F of NRS immediately before the commencement of a proceeding; or (b) In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state.

Nev. Rev. Stat. § 127D.110 Authorized petitioners; consent of child; exceptions.

1. Except as otherwise provided in subsection 2: (a) A child may be adopted by one or more adults subject to the rules prescribed in this chapter; (b) A person adopting a child must be at least 10 years older than the person adopted; and (c) If the child is over the age of 14 years, the child must agree to the adoption. 2. A court may approve the adoption of a child without regard to the age difference of the child and the prospective adoptive parents if the court is satisfied that it is in the best interest of the child.

Nev. Rev. Stat. § 127D.120 Petition for adoption; agreement of spouse required under certain circumstances; effect of spousal agreement; exceptions; recognition of legal relationship with more than two persons.

1. One or more adults may petition the district court of any county in this State for leave to adopt a child. Each prospective adoptive parent and each agreeing parent seeking to retain parental rights must be a joint petitioner and agree to the adoption. 2. Except as otherwise provided in subsection 5, a married person not lawfully separated from a spouse may not adopt a child without the agreement of the spouse, if such spouse is capable of giving such agreement to the adoption. 3. If a spouse agrees to an adoption as described in subsection 2, such agreement does not establish any parental rights or responsibilities on the part of the spouse unless the spouse: (a) Has, in a writing filed with the court, agreed to: (1) Adopting the child; and (2) Establishing parental rights and responsibilities; and (b) Is named as an adoptive parent in the order of adoption. 4. The court shall not name a spouse who agrees to an adoption as described in subsection 2 as an adoptive parent in an order of adoption unless the spouse has filed a writing with the court as described in paragraph (a) of subsection 3. 5. The court may dispense with the requirement for the agreement of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to agree. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order of adoption. 6. The court may waive the hearing on the petition. 7. The court may determine that a child has a legal relationship with more than two persons who petition for the adoption of the child pursuant to this section.

Nev. Rev. Stat. § 127D.130 Specific consent to adoption or relinquishment required from each living parent and any legal guardian.

Except as otherwise provided in NRS 127D.140, a specific consent to adoption or a relinquishment is required from: 1. Each parent of the child who is alive; and 2. Any legal guardian of the person of the child appointed by a court of competent jurisdiction.

Nev. Rev. Stat. § 127D.140 When specific consent to adoption or relinquishment not required.

The execution of a specific consent to adoption or relinquishment by a parent shall not be necessary: 1. Where parental rights have been terminated by an order of a court of competent jurisdiction; 2. Upon the death of the parent, as evidenced by a certificate of death or other evidence deemed sufficient by the court; or 3. Upon the termination of the parental rights of the parent through operation of law by a birth father registry operated in another state.

Nev. Rev. Stat. § 127D.150 Agencies authorized to accept relinquishments and consent to adoptions; reimbursement for acceptance of relinquishment.

1. The following agencies may accept relinquishments for adoption of children from parents and guardians in this State: (a) An agency which provides child welfare services in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or (b) A child-placing agency licensed by the Division. 2. The following agencies may consent to the adoption of children in this State: (a) An agency which provides child welfare services to which the child has been relinquished for adoption; (b) A child-placing agency licensed by the Division, to whom the child has been relinquished for adoption; or (c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in this State. 3. If an agency which provides child welfare services accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the agency which provides child welfare services for any costs associated with the acceptance.

Nev. Rev. Stat. § 127D.160 Specific consent to adoption or relinquishment: General requirements for execution.

1. Except as otherwise provided in subsection 2, a specific consent to adoption or relinquishment executed in this State, or executed outside this State for use in this State, is not valid unless it: (a) Identifies the child to be adopted by name, if any, sex, date of birth and time of birth. (b) Is in writing and signed by the person consenting to the adoption or relinquishing for the adoption not sooner than 72 hours after the birth of the child. (c) Is acknowledged by the person consenting and signing the specific consent to adoption or relinquishment before a judge or a clerk of the court having a seal, a notary public or a justice of the peace. (d) Contains, at the time of execution: (1) For a specific consent to adoption, the name of the person or persons to whom specific consent to adopt the child is given; or (2) For a relinquishment, the name of the child-placing agency. (e) Indicates whether the placing parent has reason to know that the child is an Indian child and, if the person does not have reason to know that the child is an Indian child, includes a statement that the person will inform the court immediately if, before the entry of the order of adoption pursuant to NRS 127D.260 , the person receives information that provides reason to know that the child is an Indian child. (f) Is attested by at least two competent, disinterested witnesses who subscribe their names to the specific consent to adoption or relinquishment in the presence of or by remote appearance of the person consenting or relinquishing and a notary public. 2. A social worker employed by a child-placing agency may remotely witness the execution of a specific consent to adoption or relinquishment by a parent of the child to be adopted who resides in another state.

Nev. Rev. Stat. § 127D.170 Affidavit of attesting witnesses as proof of due execution of specific consent to adoption.

1. Any or all of the attesting witnesses to any specific consent to adoption may make and sign an affidavit before any person authorized to administer oaths in this State, stating such facts as they would be required to testify to in court to prove the due execution of the specific consent to adoption. The affidavit must be written on the specific consent to adoption or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court in any action or proceeding relating to the validity or due execution of the specific consent to adoption as if it had been taken before the court. 2. The affidavit described in subsection 1 may be substantially in the following form: State of Nevada } }ss. County of................................... } (Date).............................................. Then and there personally appeared the within-named ................ and ................, who, being duly sworn, depose and say: That they witnessed the execution of the within specific consent to adoption by ................ (name of person or persons giving consent); that they subscribed the specific consent to adoption and declared the same to be a voluntary specific consent to adoption in their presence; that at the time the specific consent to adoption was executed it contained the name of the person or persons to whom specific consent was thereby given to adopt the child; that they thereafter subscribed the same as witnesses in the presence of ................ (name of person or persons giving consent) and in the presence of each other and at the request of ................ (name of person or persons giving consent) that at the time of the execution of the consent to adoption ................ (name of person or persons giving consent) acknowledged to them that they were, and they appeared to them to be, in full possession of their faculties and not under the influence of any drug or sedative that could impact their reasoning or judgment or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at their request. ....................................................................... ....................................................................... Subscribed and sworn to before me this ...... day of the month of ...... of the year ...... Notary Public

Nev. Rev. Stat. § 127D.180 Affidavit of attesting witnesses as proof of due execution of relinquishment.

1. Any or all of the attesting witnesses to any relinquishment may make and sign an affidavit before any person authorized to administer oaths in this State, stating such facts as they would be required to testify to in court to prove the due execution of the relinquishment. The affidavit must be written on the relinquishment or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court in any action or proceeding relating to the validity or due execution of the relinquishment as if it had been taken before the court. 2. The affidavit described in subsection 1 may be substantially in the following form: State of Nevada } }ss. County of................................... } (Date).............................................. Then and there personally appeared the within-named ................ and ................, who, being duly sworn, depose and say: That they witnessed the execution of the within relinquishment by ................ (name of person or persons relinquishing); that they subscribed the relinquishment and declared the same to be a voluntary relinquishment in their presence; that at the time the relinquishment was executed it contained the name of the agency to which relinquishment was made; that they thereafter subscribed the same as witnesses in the presence of ................ (name of person or persons relinquishing) and in the presence of each other and at the request of ................ (name of person or persons relinquishing) that at the time of the execution of the relinquishment ................ (name of person or persons relinquishing) acknowledged to them that they were, and they appeared to them to be, in full possession of their faculties and not under the influence of any drug or sedative that could impact their reasoning or judgment or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at their request. ....................................................................... ....................................................................... Subscribed and sworn to before me this ...... day of the month of ...... of the year ...... Notary Public

Nev. Rev. Stat. § 127D.190 Specific consent to adoption or relinquishment: Timing of execution; execution by minor parent; effect of attaining age of majority; circumstances causing invalidity of execution.

1. All specific consents to adoption and relinquishments executed in this State by the parent who gave birth to a child before the birth of the child or within 72 hours after the birth of the child are invalid. 2. A specific consent to adoption or relinquishment may be executed by a parent who does not give birth to the child before the birth of a child if the parent is not married to the parent who gave birth to the child. 3. A minor parent may execute a specific consent to adoption or relinquishment without notifying or obtaining the consent of the parent or parents of the minor. 4. A specific consent to adoption or relinquishment cannot be revoked or nullified by the executing parent. 5. A specific consent to adoption or relinquishment executed by a minor parent cannot be revoked or nullified based upon the minor parent becoming an adult. 6. A specific consent to adoption or relinquishment can become invalid if: (a) Every parent of the child does not execute a specific consent to adoption of the child or relinquishment or have his or her parental rights terminated by a court of competent jurisdiction within 18 months after the execution of the specific consent to adoption or relinquishment; (b) No petition for adoption of the child has been filed by the person or persons named in the specific consent to adoption within 18 months after the execution of the specific consent to adoption or relinquishment; (c) The specific consent to adoption or relinquishment is declared void pursuant to NRS 127D.220 ; or (d) The specific consent to adoption or relinquishment was obtained under fraud, duress or undue influence and the action to void the specific consent to adoption or relinquishment is brought not later than 30 days after the execution.

Nev. Rev. Stat. § 127D.200 Consent to adoption of Indian Child: Execution; withdrawal.

1. If a petition for adoption of a child concerns the adoption of an Indian child, unless the parental rights of the Indian child’s parents have been terminated, consent in writing to the adoption must be given by the Indian child’s parents. Such written consent must be filed with the court. 2. An Indian child’s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child’s birth by executing the consent in person before the court on the record. 3. Before the execution of a parent’s consent under subsection 2, the court must explain to the parent on the record in detail and in the language of the parent: (a) The right to legal counsel; (b) The terms and consequences of the consent in detail; and (c) That at any time before the entry of the order of adoption, the parent may withdraw consent for any reason and petition the court to have the child returned. 4. After the execution of a parent’s consent under subsection 2, the court shall certify that the court made the explanation under subsection 3 and that the parent fully understood the explanation. 5. At any time before the entry of an order of adoption, an Indian child’s parent may withdraw the parent’s consent under this section. The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding. Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement to regain custody and control of the Indian child. A parent who withdraws consent may petition the court for the return of the child. 6. As used in this section, “parent” has the meaning ascribed to it in NRS 125E.130 .

Nev. Rev. Stat. § 127D.210 Duties of person with legal custody of child before hearing on petition.

If a person to whom a specific consent to adopt a child is given for an adoption pursuant to NRS 127D.160 has, at the time the specific consent is executed, legal custody over the child, the person is legally responsible for the child and shall provide for the care, support and maintenance of the child until a court holds a hearing to enter an order of adoption or to deny the petition pursuant to the laws of this State or another state.

Nev. Rev. Stat. § 127D.220 Declaration surrendering adoptive placement: Requirements; effect; limitations.

1. If a prospective adoptive parent or parents determine that an adoption cannot or should not proceed, the adoptive parent or parents, as applicable, may: (a) Withdraw a petition for termination of parental rights or a petition for adoption; and (b) Declare the specific consent to adoption void and surrender the adoptive placement. 2. The declaration surrendering the adoptive placement pursuant to subsection 1 must: (a) Be in writing, notarized and acknowledged by the surrendering prospective adoptive parent or parents; and (b) Give notice to: (1) All parents of the child; (2) The court of competent jurisdiction, if a petition for adoption has been filed; and (3) The child-placing agency, if applicable. 3. If a prospective adoptive parent or parents makes a declaration surrendering an adoptive placement pursuant to subsection 1: (a) The prospective adoptive parent or parents must return the child to the placing parent or parents, if the placing parent or parents wish to accept and regain custody of the child; or (b) If the placing parent or parents decline to accept the child, the placing parent or parents may relinquish the child to a child-placing agency for placement. 4. A specific consent to adoption or relinquishment declared void is without legal effect and the parental rights are restored. 5. An adoptive placement may not be surrendered after an order finalizing the adoption has been entered by the court.

Nev. Rev. Stat. § 127D.230 Petition for adoption: Contents.

1. A petition for adoption of a child may be filed at any time after placement with the petitioners. 2. The petition for adoption must state, in substance, the following: (a) The full name and age of the petitioners. (b) The age of the child sought to be adopted and the date that the child was placed with the petitioners. (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child. (d) If the petitioners desire to change the name of the child, the new name desired. (e) That the petitioners are fit and proper persons to have the care and custody of the child. (f) That they are financially able to provide for the child. (g) That there has been a full compliance with the law in regard to the termination of parental rights, specific consent to adoption or relinquishment as to all parents. (h) Whether the petitioners have reason to know that the child is an Indian child. (i) That there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation or abuse. (j) Whether an agreement for postadoptive contact has been entered into by the parent or parents of the child and the prospective adoptive parent or parents of the child. (k) Whether there is an order for visitation of a child by a sibling or other relative.

Nev. Rev. Stat. § 127D.240 Petition for adoption: Required notice.

Notice of the filing of a petition for the adoption of a child must be provided to all legal custodians or guardians of the child who are not a parent of the child.

Nev. Rev. Stat. § 127D.250 Hearing on petition for adoption: Appearance by telephone or remote means; waiver of attendance of child.

1. Except as otherwise provided in subsection 2, the prospective adoptive parent or parents, child to be adopted, representative of the child-placing agency and counsel for the parties may attend by telephone or remote appearance, including, without limitation, by use of a remote-technology system, in lieu of attending in person, any hearings held by the court concerning the petition for adoption. 2. The court may waive the attendance of a child to be adopted for good cause shown. 3. As used in this section, “remote-technology system” means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend any hearing held by the court even though the person is not physically present at the hearing. The term includes, without limitation, teleconference and videoconference systems.

Nev. Rev. Stat. § 127D.260 Order of adoption: Entry; considerations.

If the court finds that the best interest of the child warrants the granting of the petition, an order of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interest of the child warrants the granting of a petition that is filed by a prospective adoptive parent, the court shall give strong consideration to the emotional bond between the child and the prospective adoptive parent. In the order the court may change the name of the child, if desired.

Nev. Rev. Stat. § 127D.270 Order of adoption: Required findings relating to Indian children; additional requirements for order involving Indian child.

1. An order entered pursuant to NRS 127D.260 must include: (a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of NRS 125E.210 to determine whether there is reason to know that the child is an Indian child; and (b) A finding that the child is or is not an Indian child. 2. In an adoption of an Indian child, the order must include: (a) The birth name and date of birth of the Indian child, the Indian child’s tribal affiliation and the name of the Indian child after adoption; (b) If known, the names and addresses of the parents; (c) The names and addresses of the adoptive parents; (d) The name and contact information for any agency having files or information relating to the adoption; (e) Any information relating to tribal membership or eligibility for tribal membership of the Indian child; (f) The determination regarding the Indian child’s residence, domicile and tribal wardship status as required under NRS 125E.250 ; (g) A finding that the petitioner complied with the notice requirements under subsection 2 of NRS 125E.220 ; (h) If the adoptive placement and the parents entered into a post-adoptive contact agreement or the adoptive placement and the Indian child’s tribe has entered into an agreement that requires the adoptive placement to maintain connection between the child and the child’s tribe, the terms of the agreement; and (i) A finding that the adoptive placement complies with the placement preferences under NRS 125E.350 or, if the placement does not comply with the placement preferences under NRS 125E.350 , a finding upon the petitioner’s motion under subsection 3 of NRS 125E.350 that good cause exists for placement contrary to the placement preferences. 3. For each finding or determination made under this section, the court must provide a description of the facts upon which the finding or determination is based. 4. Upon entry of the order of adoption of an Indian child, the court shall provide to the United States Bureau of Indian Affairs copies of the order entered pursuant to NRS 127D.160 , any affidavit signed by a consenting parent requesting anonymity, and all other required information in accordance with 25 C.F.R. § 23.140.

Nev. Rev. Stat. § 127D.280 Preparation and filing of report of adoption, amendment or annulment.

1. After an order of adoption has been entered, the court shall direct the petitioner or the attorney of the petitioner to prepare a report of adoption on a form prescribed and furnished by the State Registrar of Vital Statistics or the equivalent office in the state that issued the birth certificate. The report may: (a) Identify the original certificate of birth of the person adopted; (b) Provide sufficient information to prepare a new certificate of birth for the person adopted; (c) Identify the order of adoption; and (d) Be certified by the clerk of the court. 2. If an order of adoption is amended or annulled, the petitioner or the attorney of the petitioner shall prepare a report to the State Registrar of Vital Statistics, which includes sufficient information to identify the original order of adoption and the provisions of that order which were amended or annulled.

Nev. Rev. Stat. § 127D.290 Adoption of children with special needs; financial assistance and other support for prospective adoptive parents and adoptive parents; regulations.

1. The child-placing agency may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the child-placing agency by prospective adoptive parents when, in the judgment of the child-placing agency, it would be in the best interest of the child to be placed in that adoptive home. 2. The child-placing agency shall in a timely and diligent manner: (a) Schedule any evaluations necessary to identify any special needs the child may have. (b) If it determines that the child has any special needs: (1) Notify the prospective adoptive parents: (I) That they may be eligible for a grant of financial assistance pursuant to this section; and (II) The manner in which to apply for such financial assistance; and (2) Assist the prospective adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available. 3. All financial assistance provided under this section ceases immediately when the child: (a) Reaches 18 years of age, if the child is not enrolled in school, or 19 years of age, if the child is enrolled in school; (b) Graduates from high school, if the child is at least 18 years of age; (c) Becomes self-supporting; (d) Is emancipated; or (e) Dies. 4. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption. 5. A court shall waive all court costs of the prospective adoptive parents in an adoption proceeding for a child with special needs if the child-placing agency consents to the adoption of such a child pursuant to this section. 6. The Division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.

Nev. Rev. Stat. § 127D.300 Action to set aside adoption; presumption regarding best interest of child.

1. A placing parent of a child may not bring an action to set aside an adoption after a petition for adoption has been granted, unless a court of competent jurisdiction has previously, in a separate action: (a) Set aside the specific consent to adoption; (b) Set aside the relinquishment of the child for adoption; or (c) Reversed an order terminating the parental rights of the placing parent. 2. After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adoptive parents is in the best interest of the child.

Nev. Rev. Stat. § 127D.310 Petition to vacate order of adoption of Indian child; restoration of parental rights.

1. A petition to vacate an order of adoption of an Indian child under this chapter may be filed in a court of competent jurisdiction by a parent who consented to the adoption. 2. Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child’s tribe. 3. After a hearing on the petition, the court shall vacate the order of adoption if: (a) The petition is filed not later than 2 years following the date of the order; and (b) The court finds by clear and convincing evidence that the parent’s consent was obtained through fraud or duress. 4. When the court vacates an order of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a plan for the physical custody of the Indian child, whether the Indian child will be placed with an agency which provides child welfare services or with the parent.

Nev. Rev. Stat. § 127D.320 Notice of vacatur of adoption of Indian child; waiver of notice; revocation of waiver; return of custody and restoration of parental rights.

1. If an order of adoption of an Indian child under this chapter is vacated, the court vacating the order must notify, by registered or certified mail with return receipt requested, the Indian child’s former parents, prior Indian custodian, if any, and Indian tribe and the appropriate child-placing agency. 2. The notice required under subsection 1 must: (a) Include the Indian child’s current name and any former names as reflected in the court record; (b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section; (c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and (d) Be sent to the last known address in the court record. 3. An Indian child’s former parent or prior Indian custodian may waive notice under this section by executing a waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out any conditions to the waiver. Before the execution of the waiver, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian: (a) The former parent’s right to legal counsel, if applicable; (b) The terms and consequences of the waiver; and (c) How the waiver may be revoked. 4. After execution of the waiver pursuant to subsection 3, the court shall certify that it provided the explanation as required under subsection 3 and that the former parent or prior Indian custodian fully understood the explanation. 5. At any time before the entry of an order of adoption of an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child. 6. If an order of adoption of an Indian child under this chapter is vacated other than as provided in NRS 125E.360 , an Indian child’s former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored. The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under subsection 3 of NRS 125E.220 to: (a) The agency which provides child welfare services in the county in which the order was vacated; (b) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (c) The child’s parents; (d) The child’s Indian custodian, if applicable; and (e) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the child’s parents cannot be ascertained. Ê The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service. 7. Upon the filing of an objection to a motion made pursuant to subsection 6, the court shall fix the time for hearing on objections. 8. The court shall order the Indian child to be returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the best interest of the child, as described in NRS 125E.230 . If the court orders the Indian child to be returned to the custody of the former parent or prior Indian custodian, the court’s order must include a transition plan for the physical custody of the child, which may include protective supervision. 9. As used in this section: (a) “Former parent” means a person who was previously the parent of an Indian child subject to an order of adoption under this chapter and whose parental rights have not been restored under NRS 127D.310 . (b) “Prior Indian custodian” means a person who was previously the custodian of an Indian child subject to an order of adoption of the child under this chapter.

Nev. Rev. Stat. § 127D.330 Access to adoption records of Indian child by tribe of child or United States Secretary of the Interior.

1. Notwithstanding any other provision of law, if an Indian child’s tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available not later than 14 days following the date of the request. 2. The records made available under subsection 1 must, at a minimum, include the petition, all substantive orders entered in the adoption proceedings, the complete record of the placement finding and, if the placement departs from the placement preference under NRS 125E.350 , detailed documentation of the efforts to comply with the placement preferences.

Nev. Rev. Stat. § 127D.400 Establishment and enforceability of agreement; requirements; effect on rights of adoptive parent.

1. The parent or parents and the prospective adoptive parent or parents of a child to be adopted may enter into an enforceable agreement that provides for postadoptive contact between: (a) The child and the parent or parents; (b) The adoptive parent or parents and the parent or parents; or (c) Any combination thereof. 2. An agreement that provides for postadoptive contact is enforceable if: (a) The agreement is in writing and signed by the parties; (b) The agreement is incorporated into an order of adoption; and (c) The agreement is signed by the parent or parents before: (1) The termination or voluntary relinquishment of the parental rights of the parent or parents; or (2) The execution of a specific consent to adoption or relinquishment. 3. The identity of a parent is not required to be included in an agreement that provides for postadoptive contact. If such information is withheld, an agent who may receive service of process for the parent must be provided in the agreement. 4. A parent or adoptive parent who enters into an agreement that provides for postadoptive contact shall include in the agreement an address at which the parent or adoptive parent may receive service of a petition filed pursuant to NRS 127D.430 unless the parent or adoptive parent elects to receive service by alternate means through electronic mail rather than certified or registered mail, in which case, the electronic mail address must be included in the agreement. If a parent or adoptive parent refuses or fails to include such an address in an agreement that provides for postadoptive contact, the court may, on the date on which the court enters an order of adoption which incorporates the agreement, order the child-placing agency to provide the court with the contact information of the parent or adoptive parent who refused or failed to include the address. If a court so orders, the court shall: (a) Append the address to the agreement for postadoptive contact; and (b) Make the address available to any party to the agreement who wishes to file a petition pursuant to NRS 127D.430 . 5. If a parent or adoptive parent changes the address that was included in an agreement that provides for postadoptive contact pursuant to subsection 4, the parent shall file with the clerk of the court notice of the change of address within 15 days after the change of address. 6. A court that enters an order of adoption which incorporates an agreement that provides for postadoptive contact shall retain jurisdiction to enforce, modify or terminate the agreement that provides for postadoptive contact until: (a) The child reaches 18 years of age; (b) The child becomes emancipated; or (c) The agreement is terminated. 7. The establishment of an agreement that provides for postadoptive contact does not affect the rights of an adoptive parent as the legal parent of the child as set forth in NRS 127A.250 .

Nev. Rev. Stat. § 127D.410 Notice of agreement to court.

1. Each prospective adoptive parent of a child to be adopted who enters into an agreement that provides for postadoptive contact pursuant to NRS 127D.400 shall notify the court responsible for entering the order of adoption of the child of the existence of the agreement as soon as practicable after the agreement is established, but not later than the time at which the court enters the order of adoption of the child. 2. Each: (a) Director or other authorized representative of the child-placing agency involved in the adoption proceedings concerning the child; and (b) Attorney representing a prospective adoptive parent, the child and the child-placing agency in the adoption proceedings concerning the child, Ê shall, as soon as practicable after obtaining actual knowledge that the prospective adoptive parent or parents of the child and the parent or parents of the child have entered into an agreement that provides for postadoptive contact pursuant to NRS 127D.400 , notify the court responsible for entering the order of adoption of the child of the existence of the agreement.

Nev. Rev. Stat. § 127D.420 Inquiry by court concerning existence of agreement; incorporation of agreement into order of adoption.

1. Before a court may enter an order of adoption of a child, the court must address: (a) Except as otherwise provided in subsection 2, each prospective adoptive parent of the child to be adopted; (b) Each director or other authorized representative of the child-placing agency involved in the adoption proceedings concerning the child; and (c) Each attorney representing a prospective adoptive parent, the child and the child-placing agency in the adoption proceedings concerning the child, Ê and inquire whether the person has actual knowledge that the prospective adoptive parent or parents of the child and parent or parents of the child have entered into an agreement that provides for postadoptive contact pursuant to NRS 127D.400 . 2. The court may for purposes of subsection 1 address a prospective adoptive parent described in NRS 127D.250 by telephone or remote appearance. 3. If the court determines that the prospective adoptive parent or parents and the parent or parents have entered into an agreement that provides for postadoptive contact, the court shall: (a) Order the prospective adoptive parent or parents to provide a copy of the agreement to the court; and (b) Incorporate the agreement into the order of adoption.

Nev. Rev. Stat. § 127D.430 Petition to prove existence of agreement or enforce, modify or terminate agreement; notice and hearing.

1. A parent who has entered into an agreement that provides for postadoptive contact pursuant to NRS 127D.400 may, for good cause shown: (a) Petition the court that entered the order of adoption of the child to prove the existence of the agreement that provides for postadoptive contact and to request that the agreement be incorporated into the order of adoption; and (b) During the period set forth in subsection 2 of NRS 127D.440 , petition the court that entered the order of adoption of the child to enforce the terms of the agreement that provides for postadoptive contact if the agreement complies with the requirements of subsection 2 of NRS 127D.400 . 2. An adoptive parent who has entered into an agreement that provides for postadoptive contact pursuant to NRS 127D.400 may: (a) During the period set forth in subsection 2 of NRS 127D.440 , petition the court that entered the order of adoption of the child to enforce the terms of the agreement that provides for postadoptive contact if the agreement complies with the requirements of subsection 2 of NRS 127D.400 ; and (b) Petition the court that entered the order of adoption of the child to modify or terminate the agreement that provides for postadoptive contact in the manner set forth in NRS 127D.450 . 3. A petition filed pursuant to this section must be: (a) Filed under the same case number as the proceeding for adoption; (b) Served by the parent or adoptive parent who filed the petition using certified or registered mail with return receipt requested, or if elected by any of the parties to the postadoptive contact agreement to receive service by alternate means through electronic mail, upon each other parent or adoptive parent, as applicable, who has entered into the agreement that provides for postadoptive contact at the address provided pursuant to subsection 4 or 5 of NRS 127D.400 ; and (c) Heard by: (1) If available, the judge who issued the order of adoption of the child; (2) If the judge described in subparagraph (1) is unavailable and if a family court has been established in the judicial district, a judge of the family court; or (3) If the judge described in subparagraph (1) is unavailable and if a family court has not been established in the judicial district, any district judge of the judicial district.

Nev. Rev. Stat. § 127D.440 Effect of failure to comply with terms of agreement; time within which action to enforce terms must be commenced.

1. Failure to comply with the terms of an agreement that provides for postadoptive contact entered into pursuant to NRS 127D.400 may not be used as a ground to: (a) Set aside an order of adoption; (b) Revoke, nullify or set aside a valid specific consent to adoption or relinquishment; or (c) Except as otherwise provided in NRS 41.509 , award any civil damages to a party to the agreement. 2. Any action to enforce the terms of an agreement that provides for postadoptive contact must be commenced not later than 120 days after the date on which the agreement was breached.

Nev. Rev. Stat. § 127D.450 Modification or termination of agreement by adoptive parents; presumption and limitations.

1. An agreement that provides for postadoptive contact entered into pursuant to NRS 127D.400 may only be modified or terminated by an adoptive parent petitioning the court that entered the order which included the agreement. The court may grant a request to modify or terminate the agreement only if: (a) The adoptive parent petitioning the court for the modification or termination establishes that: (1) A change in circumstances warrants the modification or termination; and (2) The contact provided for in the agreement is no longer in the best interest of the child; or (b) Each party to the agreement consents to the modification or termination. 2. If an adoptive parent petitions the court for a modification or termination of an agreement pursuant to this section: (a) There is a presumption that the modification or termination is in the best interest of the child; and (b) The court may consider the wishes of the child involved in the agreement. 3. Any order issued pursuant to this section to modify an agreement that provides for postadoptive contact: (a) May limit, restrict, condition or decrease contact between the parties involved in the agreement; and (b) May not expand or increase the contact between the parties involved in the agreement or place any new obligation on an adoptive parent.

Nev. Rev. Stat. § 127D.500 Unlawful payments or offers to pay in connection with adoption; penalties.

1. Except as otherwise provided in subsection 3, it is unlawful for any person to pay or offer to pay money or anything of value to the parent of a child in return for the parent’s placement of the child for adoption, for the execution of a specific consent to adoption or relinquishment or for the cooperation in the adoption of the child. 2. It is unlawful for any person to receive payment for medical and other necessary expenses related to the birth of a child from a prospective adoptive parent with the intent of not consenting to or completing the adoption of the child. 3. A person may pay the medical and other necessary living expenses related to the birth of a child of another as an act of charity so long as the payment is not contingent upon the parent’s placement of the child for adoption, the execution of a specific consent to adoption or relinquishment or cooperation in the adoption of the child. 4. This section does not prohibit a parent from refusing to place a child for adoption after its birth. 5. The provisions of this section do not apply if a woman enters into a lawful contract to act as a gestational carrier, as defined in NRS 126.580 . 6. A person who violates: (a) The provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130 . (b) The provisions of subsection 2 is guilty of a gross misdemeanor. 7. As used in this section, “person” includes a hospital.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-127D.htmlFetched: 10/4/2026

Starting a business in Nevada? Nevada LLC guide: costs and requirements