SENATE BILL REPORT

SB 6376

BYSenators Metcalf, Benitz, Stratton and Rasmussen

Allowing biological grandparents to visit adopted children.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 31, 1990; February 1, 1990

Majority Report:  That Substitute Senate Bill No. 6376 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Patrick, Rasmussen, Talmadge.

Senate Staff:Vicki E. Schur (786-7415)

                  February 6, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 1, 1990

BACKGROUND:

A trial court has the authority to order visitation with any person when visitation may serve the best interest of the child.  However, in two cases the Court of Appeals has held that after an adoption, a grandparent loses all rights with respect to a grandchild, including the right of visitation.

SUMMARY:

A child's grandparents shall be given notice of an adoption hearing if their identity is known or readily ascertainable.  Adoption does not extinguish a grandparent's visitation rights if the grandparents request visitation rights at the adoption hearing and the court determines such visitation would be in the best interest of the child.

EFFECT OF PROPOSED SUBSTITUTE:

Visitation rights of natural grandparents may continue after the entry of an adoption decree if the child is adopted by a stepparent, the grandparents had a previous relationship with the child, and the court determines that it is in the best interests of the child.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: William Quick, Department of Social and Health Services; James Dolliver, citizen; Senator Metcalf, prime sponsor; Celia Fritz, Adoption Center of Washington; Laurie Lippold, Children's Home Society; Catherine Smith, attorney