HB 0835 2003
1	A bill to be entitled
2	An act relating to adoption; amending ss. 63.062, 63.085,
3	63.089, 63.142, and 63.182, F.S.; reducing the time period
4	within which an action must be filed to nullify an
5	adoption or a termination of parental rights on grounds of
6	fraud or providing false information; providing a time
7	limitation for the use of scientific testing to show a
8	probability of paternity; requiring notice to and written
9	consent from a registrant in the paternity registry for a
10	termination of parental rights pending adoption; amending
11	s. 63.088, F.S.; providing court inquiry and diligent
12	search requirements regarding a registrant in the
13	paternity registry to terminate parental rights pending
14	adoption; amending s. 63.165, F.S.; requiring the
15	Department of Children and Family Services to maintain a
16	paternity registry within the state registry of adoption
17	information; providing duties of registrants and the
18	department; providing a penalty; providing use and
19	admissibility of registry information; providing for a
20	fee; providing rulemaking authority; providing
21	applicability of the act; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Paragraph (c) of subsection (1) of section
26	63.062, Florida Statutes, is amended, paragraph (h) is added to
27	said subsection, and subsection (2) of said section is amended,
28	to read:
29	63.062 Persons required to consent to adoption; affidavit
30	of nonpaternity; waiver of venue.--
31	(1) Unless supported by one or more of the grounds
32	enumerated under s. 63.089(3), a petition to terminate parental
33	rights pending adoption may be granted only if written consent
34	has been executed as provided in s. 63.082 after the birth of
35	the minor or notice has been served under s. 63.088 to:
36	(c) If there is no father as set forth in paragraph (b),
37	any man established to be the father of the child by scientific
38	tests that are generally acceptable within the scientific
39	community to show a probability of paternity. The requirements
40	of this paragraph are only applicable during the time period
41	specified by s. 63.182. The results of scientific tests that are
42	generally acceptable within the scientific community to show a
43	probability of paternity are inadmissible past the 1-year
44	statute of repose pursuant to s. 63.182.
45	(h) Any man who has timely registered with the paternity
46	registry as the father of the child.
47	(2) Any person whose consent is required under
48	paragraph(1)(c),or paragraph (1)(d), or (h)may execute an
49	affidavit of nonpaternity in lieu of a consent under this
50	section and by doing so waives notice to all court proceedings
51	after the date of execution. An affidavit of nonpaternity must
52	be executed as provided in s. 63.082. The person executing the
53	affidavit must receive disclosure under s. 63.085 prior to
54	signing the affidavit.
55	Section 2. Subsection (1) of section 63.085, Florida
56	Statutes, is amended to read:
57	63.085 Disclosure by adoption entity.--
58	(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
59	ADOPTIVE PARENTS.--Not later than 7 days after a person seeking
60	to adopt a minor or a person seeking to place a minor for
61	adoption contacts an adoption entity in person or provides the
62	adoption entity with a mailing address, the entity must provide
63	a written disclosure statement to that person if the entity
64	agrees or continues to work with such person. If an adoption
65	entity is assisting in the effort to terminate the parental
66	rights of a parent who did not initiate the contact with the
67	adoption entity, the written disclosure must be provided within
68	7 days after that parent is identified and located. For purposes
69	of providing the written disclosure, a person is considered to
70	be seeking to place a minor for adoption when that person has
71	sought information or advice from the adoption entity regarding
72	the option of adoptive placement. The written disclosure
73	statement must be in substantially the following form:
74
75	ADOPTION DISCLOSURE
76
77	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
78	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
79	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
80	ADOPTION UNDER FLORIDA LAW:
81
82	1. Under section 63.102, Florida Statutes, the existence
83	of a placement or adoption contract signed by the parent or
84	prospective adoptive parent, prior approval of that contract by
85	the court, or payment of any expenses permitted under Florida
86	law does not obligate anyone to sign a consent or ultimately
87	place a minor for adoption.
88	2. Under sections 63.092 and 63.125, Florida Statutes, a
89	favorable preliminary home study, before the minor may be placed
90	in that home, and a final home investigation, before the
91	adoption becomes final, must be completed.
92	3. Under section 63.082, Florida Statutes, a consent to
93	adoption or affidavit of nonpaternity may not be signed until
94	after the birth of the minor.
95	4. Under section 63.082, Florida Statutes, if the minor is
96	to be placed for adoption with identified prospective adoptive
97	parents upon release from a licensed hospital or birth center
98	following birth, the consent to adoption may not be signed until
99	48 hours after birth or until the day the birth mother has been
100	notified in writing, either on her patient chart or in release
101	papers, that she is fit to be released from the licensed
102	hospital or birth center, whichever is sooner. The consent to
103	adoption or affidavit of nonpaternity is valid and binding upon
104	execution unless the court finds it was obtained by fraud or
105	under duress.
106	5. Under section 63.082, Florida Statutes, if the minor is
107	not placed for adoption with the prospective adoptive parent
108	upon release from the hospital or birth center following birth,
109	a 3-day revocation period applies during which consent may be
110	withdrawn for any reason by notifying the adoption entity in
111	writing. In order to withdraw consent, the written withdrawal of
112	consent must be mailed at a United States Post Office no later
113	than 3 business days after execution of the consent or 1
114	business day after the date of the birth mother's discharge from
115	a licensed hospital or birth center, whichever occurs later. For
116	purposes of mailing the withdrawal of consent, the term
117	"business day" means any day on which the United States Postal
118	Service accepts certified mail for delivery. The letter must be
119	sent by certified United States mail, return receipt requested.
120	Postal costs must be paid at the time of mailing and the receipt
121	should be retained as proof that consent was withdrawn in a
122	timely manner.
123	6. Under section 63.082, Florida Statutes, and
124	notwithstanding the revocation period, the consent may be
125	withdrawn at any time prior to the placement of the child with
126	the prospective adoptive parent, by notifying the adoption
127	entity in writing by certified United States mail, return
128	receipt requested.
129	7. Under section 63.082, Florida Statutes, if an adoption
130	entity timely receives written notice from a person of that
131	person's desire to withdraw consent, the adoption entity must
132	contact the prospective adoptive parent to arrange a time
133	certain to regain physical custody of the child. Absent a court
134	order for continued placement of the child entered under section
135	63.082, Florida Statutes, the adoption entity must return the
136	minor within 3 days after notification of the withdrawal of
137	consent to the physical custody of the person withdrawing
138	consent. After the revocation period for withdrawal of consent
139	ends, or after the placement of the child with the prospective
140	adoptive parent, whichever occurs later, the consent may be
141	withdrawn only if the court finds that the consent was obtained
142	by fraud or under duress.
143	8. Under section 63.082, Florida Statutes, an affidavit of
144	nonpaternity, once executed, may be withdrawn only if the court
145	finds that it was obtained by fraud or under duress.
146	9. Under section 63.082, Florida Statutes, a person who
147	signs a consent to adoption or an affidavit of nonpaternity must
148	be given reasonable notice of his or her right to select a
149	person who does not have an employment, professional, or
150	personal relationship with the adoption entity or the
151	prospective adoptive parents to be present when the consent or
152	affidavit is executed and to sign the consent or affidavit as a
153	witness.
154	10. Under section 63.088, Florida Statutes, specific and
155	extensive efforts are required by law to attempt to obtain the
156	consents required under section 63.062, Florida Statutes. If
157	these efforts are unsuccessful, the court may not enter a
158	judgment terminating parental rights pending adoption until
159	certain requirements have been met.
160	11. Under Florida law, an intermediary may represent the
161	legal interests of only the prospective adoptive parents. Each
162	person whose consent to an adoption is required under section
163	63.062, Florida Statutes, is entitled to seek independent legal
164	advice and representation before signing any document or
165	surrendering parental rights.
166	12. Under section 63.182, Florida Statutes, an action or
167	proceeding of any kind to vacate, set aside, or otherwise
168	nullify a judgment of adoption or an underlying judgment
169	terminating parental rights pending adoption, on any ground,
170	including duress but excluding fraud,must be filed within 1
171	year after entry of the judgment terminating parental rights
172	pending adoption. Such an action or proceeding for fraud must be
173	filed within 2 years after entry of the judgment terminating
174	parental rights.
175	13. Under section 63.089, Florida Statutes, a judgment
176	terminating parental rights pending adoption is voidable and any
177	later judgment of adoption of that minor is voidable if, upon
178	the motion of a parent, the court finds that any person
179	knowingly gave false information that prevented the parent from
180	timely making known his or her desire to assume parental
181	responsibilities toward the minor or to exercise his or her
182	parental rights. The motion must be filed with the court that
183	originally entered the judgment. The motion must be filed within
184	a reasonable time, but not later than 1 year2 yearsafter the
185	date the judgment to which the motion is directed was entered.
186	14. Under section 63.165, Florida Statutes, the State of
187	Florida maintains a registry of adoption information which
188	includes a paternity registry. Information about the registry is
189	available from the Department of Children and Family Services.
190	15. Under section 63.032, Florida Statutes, a court may
191	find that a parent has abandoned his or her child based on
192	conduct during the pregnancy or based on conduct after the child
193	is born. In addition, under section 63.089, Florida Statutes,
194	the failure of a parent to respond to notices of proceedings
195	involving his or her child shall result in termination of
196	parental rights of a parent. A lawyer can explain what a parent
197	must do to protect his or her parental rights. Any parent
198	wishing to protect his or her parental rights should act
199	IMMEDIATELY.
200	16. Each parent and prospective adoptive parent is
201	entitled to independent legal advice and representation.
202	Attorney information may be obtained from the yellow pages, The
203	Florida Bar's lawyer referral service, and local legal aid
204	offices and bar associations.
205	17. Counseling services may be helpful while making a
206	parenting decision. Consult the yellow pages of the telephone
207	directory.
208	18. Medical and social services support is available if
209	the parent wishes to retain parental rights and
210	responsibilities. Consult the Department of Children and Family
211	Services.
212	19. Under section 63.039, Florida Statutes, an adoption
213	entity has certain legal responsibilities and may be liable for
214	damages to persons whose consent to an adoption is required or
215	to prospective adoptive parents for failing to materially meet
216	those responsibilities. Damages may also be recovered from an
217	adoption entity if a consent to adoption or affidavit of
218	nonpaternity is obtained by fraud or under duress attributable
219	to an adoption entity.
220	20. Under section 63.097, Florida Statutes, reasonable
221	living expenses of the birth mother may be paid by the
222	prospective adoptive parents and the adoption entity only if the
223	birth mother is unable to pay due to unemployment,
224	underemployment, or disability. The law also allows payment of
225	reasonable and necessary medical expenses, expenses necessary to
226	comply with the requirements of chapter 63, Florida Statutes,
227	court filing expenses, and costs associated with advertising.
228	Certain documented legal, counseling, and other professional
229	fees may be paid. Prior approval of the court is not required
230	until the cumulative total of amounts permitted exceeds $2,500
231	in legal or other fees, $500 in court costs, $3,000 in expenses,
232	or $1,500 in cumulative expenses incurred prior to the date the
233	prospective adoptive parent retains the adoption entity. The
234	following fees, costs, and expenses are prohibited:
235	a. Any fee or expense that constitutes payment for
236	locating a minor for adoption.
237	b. Any lump-sum payment to the entity which is
238	nonrefundable directly to the payor or which is not itemized on
239	the affidavit.
240	c. Any fee on the affidavit which does not specify the
241	service that was provided and for which the fee is being
242	charged, such as a fee for facilitation or acquisition.
243
244	The court may reduce amounts charged or refund amounts that have
245	been paid if it finds that these amounts were more than what was
246	reasonable or allowed under the law.
247	21. Under section 63.132, Florida Statutes, the adoption
248	entity and the prospective adoptive parents must sign and file
249	with the court a written statement under oath listing all the
250	fees, expenses, and costs made, or agreed to be made, by or on
251	behalf of the prospective adoptive parents and any adoption
252	entity in connection with the adoption. The affidavit must state
253	whether any of the expenses were eligible to be paid for by any
254	other source.
255	22. Under section 63.132, Florida Statutes, the court
256	order approving the money spent on the adoption must be separate
257	from the judgment making the adoption final. The court may
258	approve only certain costs and expenses allowed under section
259	63.097, Florida Statutes. The court may approve only fees that
260	are allowed under law and that it finds to be "reasonable." A
261	good idea of what is and is not allowed to be paid for in an
262	adoption can be determined by reading sections 63.097 and
263	63.132, Florida Statutes.
264	Section 3. Paragraphs (f) and (g) of subsection (3) of
265	section 63.088, Florida Statutes, are amended, paragraph (h) is
266	added to said subsection, paragraphs (n) and (o) of subsection
267	(4) are amended, and paragraph (p) is added to subsection (4) of
268	said section, to read:
269	63.088 Proceeding to terminate parental rights pending
270	adoption; notice and service; diligent search.--
271	(3) REQUIRED INQUIRY.--In proceedings initiated under s.
272	63.087, the court must conduct an inquiry of the person who is
273	placing the minor for adoption and of any relative or person
274	having legal custody of the minor who is present at the hearing
275	and likely to have the following information regarding the
276	identity of:
277	(f) Any person who has acknowledged or claimed paternity
278	of the minor; and
279	(g) Any person the mother has reason to believe may be the
280	father; and.
281	(h) Any person who has registered with the paternity
282	registry as the father of the child.
283
284	The information required under this subsection may be provided
285	to the court in the form of a sworn affidavit by a person having
286	personal knowledge of the facts, addressing each inquiry
287	enumerated in this subsection, except that, if the inquiry
288	identifies a father under paragraph (a) or paragraph (b), the
289	inquiry shall not continue further. The inquiry required under
290	this subsection may be conducted before the birth of the minor.
291	(4) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
292	the court under subsection (3) identifies any person whose
293	consent to adoption is required under s. 63.062 and who has not
294	executed a consent to adoption or an affidavit of nonpaternity,
295	and the location of the person from whom consent is required is
296	unknown, the adoption entity must conduct a diligent search for
297	that person which must include inquiries concerning:
298	(n) Search of one Internet databank locator service; and
299	(o) Information held by all medical providers who rendered
300	medical treatment or care to the birth mother and child,
301	including the identity and location information of all persons
302	listed by the mother as being financially responsible for the
303	uninsured expenses of treatment or care and all persons who made
304	any such payments; and.
305	(p) The paternity registry pursuant to s. 63.165.
306
307	Any person contacted by a petitioner or adoption entity who is
308	requesting information pursuant to this subsection must release
309	the requested information to the petitioner or adoption entity,
310	except when prohibited by law, without the necessity of a
311	subpoena or court order. An affidavit of diligent search
312	executed by the petitioner and the adoption entity must be filed
313	with the court confirming completion of each aspect of the
314	diligent search enumerated in this subsection and specifying the
315	results. The diligent search required under this subsection may
316	be conducted before the birth of the minor.
317	Section 4. Paragraphs (a) and (c) of subsection (7) of
318	section 63.089, Florida Statutes, are amended to read:
319	63.089 Proceeding to terminate parental rights pending
320	adoption; hearing; grounds; dismissal of petition; judgment.--
321	(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
322	(a) A judgment terminating parental rights pending
323	adoption is voidable and any later judgment of adoption of that
324	minor is voidable if, upon the motion of a parent, the court
325	finds that a person knowingly gave false information that
326	prevented the parent from timely making known his or her desire
327	to assume parental responsibilities toward the minor or meeting
328	the requirements under this chapter to exercise his or her
329	parental rights. A motion under this subsection must be filed
330	with the court originally entering the judgment. The motion must
331	be filed within a reasonable time, but not later than 1 year2
332	yearsafter the entry of the judgment terminating parental
333	rights.
334	(c) At the preliminary hearing, the court, upon the motion
335	of any party or upon its own motion, may order scientific
336	testing to determine the paternity of the minor if the person
337	seeking to set aside the judgment is alleging to be the child's
338	father and that fact has not previously been determined by
339	legitimacy or scientific testing. The court may not order such
340	testing, nor are the results of any such test admissible, after
341	the time period specified by s. 63.182.The court may order
342	supervised visitation with a person for whom scientific testing
343	for paternity has been ordered. Such visitation shall be
344	conditioned upon the filing of those test results with the court
345	and such results establishing that person's paternity of the
346	minor.
347	Section 5. Paragraphs (a) and (c) of subsection (4) of
348	section 63.142, Florida Statutes, are amended to read:
349	63.142 Hearing; judgment of adoption.--
350	(4) JUDGMENT.--At the conclusion of the hearing, after the
351	court determines that the date for a parent to file an appeal of
352	a valid judgment terminating that parent's parental rights has
353	passed and no appeal, pursuant to the Florida Rules of Appellate
354	Procedure, is pending and that the adoption is in the best
355	interest of the person to be adopted, a judgment of adoption
356	shall be entered.
357	(a) A judgment terminating parental rights pending
358	adoption is voidable and any later judgment of adoption of that
359	minor is voidable if, upon a motion to set aside of a parent,
360	the court finds that any person knowingly gave false information
361	that prevented the parent from timely making known his or her
362	desire to assume parental responsibilities toward the minor or
363	meeting the requirements under this chapter to exercise his or
364	her parental rights. A motion under this paragraph must be filed
365	with the court that entered the original judgment. The motion
366	must be filed within a reasonable time, but not later than 1
367	year2 yearsafter the date the judgment terminating parental
368	rights was entered.
369	(c) At the preliminary hearing, the court, upon the motion
370	of any party or its own motion, may order scientific testing to
371	determine the paternity of the minor if the person seeking to
372	set aside the judgment is alleging to be the child's father and
373	that fact has not previously been determined by legitimacy or
374	scientific testing. The court may not order such testing, nor
375	are the results of any such test admissible, after the time
376	period specified by s. 63.182.The court may order supervised
377	visitation with a person for whom scientific testing for
378	paternity has been ordered. Such visitation shall be conditioned
379	upon the filing of those test results with the court and such
380	results establishing that person's paternity of the minor.
381	Section 6. Section 63.165, Florida Statutes, is amended to
382	read:
383	63.165 State registry of adoption information; duty to
384	inform and explain; paternity registry.--
385	(1) STATE REGISTRY OF ADOPTION
386	INFORMATION.--Notwithstanding any other law to the contrary, the
387	department shall maintain a registry with the last known names
388	and addresses of an adoptee and his or her parents whose consent
389	was required under s. 63.062, and adoptive parents and any other
390	identifying information that the adoptee, parents whose consent
391	was required under s. 63.062, or adoptive parents desire to
392	include in the registry. The department shall maintain the
393	registry records for the time required by rules adopted by the
394	department in accordance with this chapter or for 99 years,
395	whichever period is greater. The registry shall be open with
396	respect to all adoptions in the state, regardless of when they
397	took place. The registry shall be available for those persons
398	choosing to enter information therein, but no one shall be
399	required to do so.
400	(a)(1)Anyone seeking to enter, change, or use information
401	in the registry, or any agent of such person, shall present
402	verification of his or her identity and, if applicable, his or
403	her authority. A person who enters information in the registry
404	shall be required to indicate clearly the persons to whom he or
405	she is consenting to release this information, which persons
406	shall be limited to the adoptee and the birth mother, father
407	whose consent was required under s. 63.062, adoptive mother,
408	adoptive father, birth siblings, and maternal and paternal birth
409	grandparents of the adoptee. Except as provided in this
410	section, information in the registry is confidential and exempt
411	from s. 119.07(1). Consent to the release of this information
412	may be made in the case of a minor adoptee by his or her
413	adoptive parents or by the court after a showing of good cause.
414	At any time, any person may withdraw, limit, or otherwise
415	restrict consent to release information by notifying the
416	department in writing.
417	(b)(2)The department may charge a reasonable fee to any
418	person seeking to enter, change, or use information in the
419	registry. The department shall deposit such fees in a trust
420	fund to be used by the department only for the efficient
421	administration of this section. The department and agencies
422	shall make counseling available for a fee to all persons seeking
423	to use the registry, and the department shall inform all
424	affected persons of the availability of such counseling.
425	(c)(3)The adoption entity must inform the parents before
426	parental rights are terminated, and the adoptive parents before
427	placement, in writing, of the existence and purpose of the
428	registry established under this section, but failure to do so
429	does not affect the validity of any proceeding under this
430	chapter.
431	(2) PATERNITY REGISTRY.--Within the state registry of
432	adoption information, the department shall maintain a paternity
433	registry.
434	(a) A man is not required to register with the paternity
435	registry if:
436	1. The minor was conceived or born while he was married to
437	the mother;
438	2. The minor is his child by adoption; or
439	3. The minor has been established by court proceeding to
440	be his child.
441	(b) The paternity registry does not relieve the mother of
442	the obligation to identify the known father.
443	(c) A man registering with the paternity registry shall
444	provide the paternity registry with the following information in
445	writing:
446	1. The name and the last known address of the mother of
447	the minor.
448	2. The name of the minor, and the location and date of
449	birth of the minor, if known, or the probable month and year of
450	the expected birth of the minor.
451	3. The man's name, address, and driver's license number.
452	4. A statement in which the man claims to be the father of
453	the named minor.
454
455	A man who registers with the paternity registry shall promptly
456	notify the department in writing of any change in the required
457	information. A person who knowingly provides false information
458	to the paternity registry commits a misdemeanor of the second
459	degree and is subject to the provisions of s. 63.212(2).
460	(d) Except as provided in paragraph (a), a man who claims
461	to be the father of a minor shall register with the paternity
462	registry. Registration may be accepted by the department before
463	the birth of the child, but may not be accepted by the
464	department after the 30th day after the date of birth of the
465	minor. A man who is required to consent pursuant to s. 63.062
466	and who has registered with the paternity registry is entitled
467	to receive notice of the petition and hearing to terminate
468	parental rights pending adoption, as required by s. 63.088.
469	1. A person who has sexual intercourse with a person of
470	the opposite sex is deemed to have knowledge that sexual
471	intercourse can result in a woman's pregnancy.
472	2. Ignorance of a pregnancy is not a sufficient reason for
473	failing to register with the paternity registry.
474	(e) Except as provided in s. 63.062(1)(b), and provided
475	that any diligent search required by s. 63.088 has been
476	completed, any man who fails to register with the paternity
477	registry by the 30th day after the date of birth of the minor
478	may not assert an interest in the minor except for an action
479	pursuant to s. 63.089(7).
480	(f) Upon request, the department shall furnish a
481	certificate attesting to the results of a search of the
482	paternity registry to:
483	1. A court;
484	2. The birth mother; or
485	3. An adoption entity.
486	(g) If a court determines that a registrant is not the
487	father of the minor, the court shall order the department to
488	remove the registrant's name from the paternity registry.
489	(h)1. The department may not charge a fee for the
490	registration in the paternity registry.
491	2. The department may charge a reasonable fee for
492	processing a search of the paternity registry pursuant to
493	paragraph (f). The department shall deposit such fees in a trust
494	fund to be used by the department only for the efficient
495	administration of this section.
496	(i) Information maintained by the paternity registry is
497	admissible in a proceeding in a court or administrative tribunal
498	of this state for any purpose.
499	(j) The department shall:
500	1. Produce and distribute a pamphlet or publication
501	informing the public about the paternity registry, including the
502	procedures, the consequences, and the address of the paternity
503	registry. Such pamphlet or publication shall be made available
504	for distribution at all offices of the department and the
505	Department of Health. The department shall also provide such
506	pamphlets or publications to hospitals, libraries, medical
507	clinics, schools, universities, and county, state, and federal
508	jails and prisons, and other providers of child-related
509	services, upon request.
510	2. Provide information to the public at large through
511	general public service announcements, or in other ways deliver
512	information to the public about the paternity registry.
513	(3) RULES.--The department has authority to adopt rules to
514	implement this section.
515	Section 7. Section 63.182, Florida Statutes, is amended to
516	read:
517	63.182 Statute of repose.--Notwithstanding s. 95.031 or s.
518	95.11 or any other statute,:
519	(1)an action or proceeding of any kind to vacate, set
520	aside, or otherwise nullify a judgment of adoption or an
521	underlying judgment terminating parental rights on any ground,
522	including duress but excluding fraud,shall in no event be filed
523	more than 1 year after entry of the judgment terminating
524	parental rights.
525	(2) An action or proceeding of any kind to vacate, set
526	aside, or otherwise nullify a judgment of adoption or an
527	underlying judgment terminating parental rights on grounds of
528	fraud shall in no event be filed more than 2 years after entry
529	of the judgment terminating parental rights.
530	Section 8. Any petition for adoption filed before the
531	effective date of this act shall be governed by the law in
532	effect at the time the petition was filed.
533	Section 9. This act shall take effect October 1, 2003.