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 petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition. Any person who has legal custody of the child or who has physical custody of the child pursuant to an agreement, including an agreement with the Department of Children and Families or a licensed child-placing agency, may provide evidence to the court concerning the best interest of the child at any hearing held on the motion to reopen or set aside a judgment terminating parental rights. For the purpose of this section, “best interest of the child” shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.
(P.A. 93-91, S. 1, 2; 93-170, S. 1.)
History: P.A. 93-91 authorized substitution of commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-706. (Formerly Sec. 45-61a). - Rule of construction.
Section 45a-707. (Formerly Sec. 45-61b). - Definitions.
Section 45a-708. (Formerly Sec. 45-61e). - Guardian ad litem for minor or incompetent parent.
Section 45a-709. (Formerly Sec. 45-61k). - Validity of proceedings prior to statutory changes.
Section 45a-724. (Formerly Sec. 45-61i). - Who may give child in adoption.
Section 45a-725. (Formerly Sec. 45-61j). - When child free for adoption.
Section 45a-726a. - Consideration of sexual orientation of prospective adoptive or foster parent.
Section 45a-726b. - Recruitment of minority families not to delay placement of adoptive child.
Section 45a-726c. - Term “adoptive parent” substituted for “adopting parent”.
Section 45a-727a. - Legislative findings re best interests of child.
Section 45a-728c. - Payment of expenses of birth mother by prospective adoptive parents.
Section 45a-731. (Formerly Sec. 45-64a). - Effects of final decree of adoption. Surviving rights.
Section 45a-731a. - Issuance of final adoption decree notwithstanding death of child.
Section 45a-732. (Formerly Sec. 45-62). - Husband and wife to join in adoption.
Section 45a-734. (Formerly Sec. 45-67). - Adoption of adults. Inheritance.
Section 45a-735. (Formerly Sec. 45-68). - Husband or wife of adopted adult to consent.
Section 45a-736. (Formerly Sec. 45-66a). - Change of name of adopted person.
Section 45a-743. (Formerly Sec. 45-68c). - Definitions.
Section 45a-744. (Formerly Sec. 45-68b). - Legislative policy.
Section 45a-745. (Formerly Sec. 45a-68a). - Adoption record.
Section 45a-749. (Formerly Sec. 45-68h). - Request for information.
Section 45a-750. (Formerly Sec. 45-68i). - Identifying information.
Section 45a-751a. - Conditions re release of information. Counseling.
Section 45a-751b. - Disclosure of identifying information. Consent required. Exception.
Section 45a-751c. - Order directing issuance of uncertified copy of original birth certificate.
Section 45a-755. (Formerly Sec. 45-68o). - Registries. Filing of registration.
Section 45a-757. (Formerly Sec. 45-68n). - Records maintained on a permanent basis.
Section 45a-763. (Formerly Sec. 45-69c). - Adoption Review Board established.
Section 45a-764. (Formerly Sec. 45-69d). - Powers of Adoption Review Board. Notice and hearing.
Section 45a-765. (Formerly Sec. 45-69e). - Records to be confidential.