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3892
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VETOES
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the legal consequences of a child being given that status
are not at all clear. The further provision of the bill
that the child shall become an abandoned ward of the
State and that the parents shall have no parental rights
or obligations only applies if one or both of the parents
do not agree to accept parental rights and
responsibilities within thirty days of birth. 1 While an
argument can be made to the contrary, we believe that the
child should not be treated as an abandoned ward and the
parents should not be treated as having no parental
rights or obligations unless and until thirty days have
elapsed and neither of them has agreed to accept parental
rights and responsibilities. If the thirty days elapse
and no such agreement is forthcoming, then clearly from
that time forward the child is an abandoned ward of the
State and the parents have surrendered their parental
rights and obligations. It remains somewhat uncertain as
to whether the surrender of these rights and obligations
on the thirtieth day is retroactive so as to relieve them
of parental rights and obligations from the moment of
birth. 2
While one could read the provision in question as
conferring parental rights and responsibilities only on
the parent who agrees to accept them, it is also entirely
possible, and we think more likely, that the bill is to
be read as conferring those rights and responsibilities
upon both parents in the event that only one parent
agrees to accept them. Under this latter construction,
if the mother so agreed within thirty days, then the
father would not be relieved of his parental
responsibilities or, more importantly, his parental
rights. Additionally, it should be noted that the bill
does not furnish any details as to the nature of the
agreement which must take place. One must wonder whether
the agreement is required to be in writing or can be
given orally and whether the agreeing parent can or
should be required to signify anything beyond his or her
general agreement "to accept the parental rights and
responsibilities for" the child. In the event that a
form of agreement is developed by the Secretary of Health
and Mental Hygiene (assuming he has the power to do so)
or by an individual doctor or hospital, could or should
the form of agreement specify in any detail the nature of
those parental rights and responsibilities? It is also
somewhat uncertain whether a parent who has initially
declined to accept parental rights and responsibilities,
in writing or otherwise, may thereafter change his or her
mind and agree within thirty days of birth to accept
them. we incline toward the view that such a change of
mind would be permissible and effective.
In addition to the interpretive questions raised by
the language quoted above, there is a threshold question
worthy of mention here which is attributable to the
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