8-136. Prospective adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions

A. A court may not refuse to do either of the following:

1. Certify a prospective adoptive parent as acceptable to adopt children based on the prospective adoptive parent's blindness, if the prospective adoptive parent is otherwise acceptable to adopt children.

2. Grant an adoption to a potential adoptive parent based on the prospective adoptive parent's blindness, if the adoption is determined to be otherwise in the best interests of the child.

B. If a prospective adoptive parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the prospective adoptive parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court denies or limits the grant of the adoption to the prospective adoptive parent, the court shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

1. " Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. " Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.