|
STATE
|
WHO MUST CONSENT
|
CONSENT OF ADOPTEE
|
WHEN PARENTAL CONSENT IS
NOT NEEDED
|
WHEN CONSENT CAN BE EXECUTED
|
HOW CONSENT MUST BE EXECUTED
|
REVOCATION OF CONSENT
|
|
Alabama
|
�26-10A-7
The mother; the presumed father, regardless of paternity if married to the
mother; the agency to whom the child has been relinquished; the putative
father if he has responded to notice.
|
�
26-10A-7
A child 14 years or older must consent to the adoption, except where the
court finds that the child does not have the mental capacity to consent.
|
�
26-10A- 9, 10
Parent has abandoned the child; fails to respond to notice; has had rights
terminated; is found to be incompetent; has relinquished child to placing agency;
alleged father signs affidavit denying paternity.
|
�
26-10A-13
Any time prior to or after the birth of the child.
|
�
26-10A-12
Consent of mother before birth must be signed and confirmed before a probate
judge. Other consents may be executed in presence of judge, court clerk, or
any public officer or notary public.
|
�
26-10A-13, 14
Can be withdrawn for any reason within 5 days; within 14 days of if court
finds it consistent with child's best interest. Any time prior to final
decree for fraud, duress, undue influence, or mistake.
|
|
Alaska
|
�
25.23.040
The mother, the father if married to the mother, the father by adoption, or
otherwise legitimized; any person lawfully entitled to custody or consent; or
the court.
|
�
25.23.040
A child 10 years or older must consent to the adoption, unless the court in
the child's best interest dispenses with consent.
|
�
25.23.050
When a parent has abandoned the child, has failed to communicate with or
support the child; whose rights have been terminated or been declared
incompetent; the child is 19 years or older.
|
�
25.23.060
May be executed any time after the child's birth.
|
�
25.23.060
Consent is executed before the court or before a person authorized to take
acknowledgments.
|
��
25.23.050; 25.23.070
May be withdrawn before entry of decree for any reason within 10 days of
executing consent; after 10 day period if court finds withdrawal to be in
child's best interest.
|
|
Arizona
|
�
8-106(A)
The birth or adoptive mother; the father if married to the mother or
otherwise established paternity; any guardian of the child or agency which
has been given the child to place for adoption.
|
�
8-106(A)
A child 12 years or older must consent to the adoption in open court.
|
�
8-106(B)
A parent has had rights terminated; has previously consented that agency
place the child; or the court determines a waiver to be in child's best
interest.
� 8-106.01(E)
A putative father who does not file claim of paternity waives right of
notice.
|
�
8-107(B)
Consent must be executed no sooner than 72 hours after the birth of the
child.
|
�
8-107(A)
In writing, witnessed by 2 or more credible witnesses, and acknowledged
before an authorized officer. The minority of the parent does not affect
competency to give consent.
|
�
8-106 (D)
Consent is irrevocable unless obtained by fraud, duress, or undue influence.
|
|
Arkansas
|
�
9-9-206
The mother; the father if married to the mother or otherwise established
paternity; any person or agency lawfully entitled to custody; or the court.
|
�
9-9-206
A child 10 years or older must consent to the adoption, unless the court in
the child's best interest dispenses with consent.
|
�
9-9-207
A parent has deserted a child; failed to communicate or provide care or
support; has relinquished rights or had them terminated; or has been declared
incompetent.
|
�
9-9-208
Can be executed any time after the birth of the child.
|
�
9-9-208
Must be executed in the presence of a judge or authorized person. If a child
is old enough to grant consent, he must do so in the presence of a judge. If
parent is a minor, the guardian ad litem must sign the consent.
|
�
9-9-209
May be withdrawn within 10 days, but only if the court finds it is in child's
best interest. After interlocutory decree, but before the adoption is final,
consent may be withdrawn only if it was obtained by fraud or duress.
|
|
California
|
Fam.
Code � 8604
The birth parents, if living; the parent having custody if the other parent
(a) fails to support the child or (b) fails to respond to notice of adoption.
|
Fam.
Code � 8602
A child 12 years or older must consent to the adoption.
|
Fam.
Code � 8606
The parent has relinquished rights or had them terminated, or has deserted
the child.
Fam. Code � 8604
Parent willfully fails to contact or support the child for one year.
|
Fam.
Code � 8801.3
In a direct placement, consent may only take place after the discharge of the
birth mother from the hospital.
Fam. Code � 8700
Relinquishment to an agency can take place any time after the birth of the
child.
|
Fam.
Code �� 8801.3; 8814
In a direct placement, consent must take place in the presence of an Adoption
Service Provider or other delegated agent, who has advised the parents of
their rights.
Fam. Code � 8700
In an agency adoption, a form is signed before 2 witnesses and acknowledged
before an official of the agency.
|
Fam.
Code � 8814.5
In a direct placement, consent may be waived for 90 days after being
executed; it becomes irrevocable on the 91st day.
Fam. Code � 8700
In agency adoption, consent is final and may only be rescinded by mutual
consent, unless the birth parent has specified an adoptive parent and that
placement is not finalized; then the parent has 30 days to rescind.
|
|
Colorado
|
�
19-5-203
Written, verified consent is required from parents, a guardian of a child
whose parents are deceased; or a parent in a stepparent adoption.
|
�
19-5-103, 203
Children must undergo counseling. Written consent must be obtained from any
child age 12 years or older.
|
��
19-5-203; 19-3-604
Parent's rights have been terminated due to parent's unfitness; parent has
failed to make contact or provide support; child has been out of parent's
home for one year.
|
��
19-5-104; 19-5-203
Consent may be executed any time after the birth of the child.
|
�
19-5-103
Parent must obtain counseling from the Department of Social Services and
petition the court.
|
�
19-5-104(7)(a)
Consent may be revoked only if, within 90 days after entry of order, it is
established by clear and convincing evidence that it was obtained by fraud or
duress.
|
|
Connecticut
|
�
45a-724
Any statutory parent; a surviving parent when one parent has died; an unwed
mother, provided that the putative father has received notice or had rights
terminated; the child's guardian.
|
�
45a-724
A child 12 years or older must consent to the adoption.
|
�
45a-717(f)-(g)
Parent's rights have been terminated; parent has abandoned the child, caused
the child non-accidental injury or failed to maintain a relationship with the
child for at least one year.
|
�
45a-715(d)
Mother cannot consent until at least 48 hours after birth.
|
�
45a-715(d)
A petition for voluntary relinquishment must be approved by the court.
|
�
45a-719
Parents generally cannot revoke consent unless the court finds extreme
circumstances such as fraud, duress or coercion.
|
|
Delaware
|
Title
13 � 1106
Consent shall be granted by the Department or agency to whom rights are
vested. In cases of adoption by a stepparent or blood relative, consent shall
be granted by the mother and biological father.
|
Title
13 � 907
A child 14 years or older must provide written consent unless the court finds
it in child's best interest to waive consent.
|
Title
13 � 1103(a)
If the child has been abandoned; the parent is legally incompetent due to
insanity or feeble-mindedness; or the parent is convicted of a felony where a
child has been harmed; there is a history of neglect.
|
Title
13 � 1106
Consent by mother can be given any time after child's birth. Consent by
natural father may be executed prior to or after the child's birth.
|
Title
13 � 907
Consent shall be written, notarized, and annexed to petition if parental
rights have not been previously terminated.
|
Title
13 � 909
Within 60 days of filing petition of consent, a person wishing to revoke may
petition the court. The court will decide if revocation is in child's best
interest.
|
|
District
of Columbia
|
�
16-304
Both parents, if living; the court-appointed guardian; or a licensed child
placing agency if parental rights have been terminated.
|
�
16-304
A child 14 years or older must consent to the adoption.
|
�
16-304
When a parent cannot be located, has abandoned the child, has failed to
support the child for at least 6 months, or has relinquished all rights to an
agency.
|
�
16-1007(b)
No relinquishment of rights can be made within the first 72 hours after a
child's birth. The parent must first undergo counseling.
|
�16-304
Consent must be executed before an officer authorized to take
acknowledgments, or a representative of a child-placing agency or the Mayor's
office.
|
�16-1007(c)
Any voluntary relinquishment may be automatically revoked by a verified
writing submitted to the agency within 10 calendar days.
|
|
Florida
|
�
63.062
The mother; the father if child was conceived or born while married to the
mother or has otherwise established paternity; or any person lawfully
entitled to custody of the child.
|
�
63.062
A child 12 years or older must consent, unless the court determines it is in
child's best interest to dispense with consent.
|
�
63.072
The parent abandons the child; parental rights have been terminated; the
parent is mentally incompetent; a guardian or custodian is found to be
withholding consent unreasonably.
|
�
63.062
Written consent must be executed after the birth of the child.
|
�
63.082
In an agency adoption, consent is by affidavit from an authorized
representative. In direct placements, parents execute consent in the presence
of 2 witnesses, acknowledged by a notary public.
|
�
63.082
Consent may be withdrawn only when the court finds that the consent was
obtained by fraud or duress.
|
|
Georgia
|
Dom.
Rel. � 19-8-4(a)
Any living parent or guardian must voluntarily and in writing surrender all
rights to the child to the department or child placing agency.
|
Dom.
Rel. � 19-8-4(b)
A child 14 years or older must consent in the presence of the court.
|
Dom.
Rel. � 19-8-10
The child has been abandoned and parent cannot be found; parent is insane or
otherwise incapacitated; parent has failed to contact or support the child.
|
Dom.
Rel. � 19-8-5
Consent may be executed any time after the birth of the child.
|
Dom.
Rel. � 19-8-4, et seq.
In an agency adoption, consent may be executed before a notary and
representative of the agency. In a direct placement, it may be executed
before a notary.
|
Dom.
Rel. � 19-8-9
Parent may withdraw consent within 10 days. The surrender document is not
valid unless it states the right of withdrawal. There are not express
statutory grounds for revocation, but consent may be invalid if executed
under fraud, duress or incapacity.
|
|
Hawaii
|
�
578-2(a)
The mother; a legal father; an adjudicated or presumed father; a natural
father who demonstrates a reason- able degree of interest; any person or
agency having legal custody; or the court having jurisdiction over the
child's custody.
|
�
578-2(a)
A child 10 years or older must consent, unless the court dispenses with the
need.
|
�
578-2(c)
A parent has deserted the child for 90 days; has voluntarily surrendered care
and custody to another for 2 years; has failed to support or contact the
child for 1 year; whose rights have been terminated; or who has been declared
mentally ill or retarded.
|
�
571-61
May be given following the 6th month of pregnancy, provided that no judgment
may be entered until after the birth of the child and petitioners have
reaffirmed their desire to adopt.
|
�
578-8
No adoption decree shall be granted without a hearing at which anyone who
needs to consent must appear, unless written consent has been obtained before
the hearing and been accepted by the court.
|
�
578-2(f)
Consent cannot be withdrawn after the child is placed with prospective
adopters unless the court finds it would be in the child's best interest.
|
|
Idaho
|
�
16-1504
The parents, if living; a legal guardian if one has been appointed; if there
are no living parents or guardian, then the nearest relative; if no living
relative, then a next friend of the child as appointed by the court; or the
agency that has been authorized to place the child.
|
�
16-1505
A child 12 years or older must consent to the adoption.
|
�
16-1504, 2005
A parent's rights have been terminated. The parent has abused, neglected, or
abandoned the child; has a mental illness or deficiency; caused the child to
be conceived as a result of rape or incest; has killed child's other parent;
is not the natural parent.
|
There is
no express provision in the code; by implication consent may be executed any
time after the birth of the child.
|
��
16-2005; 16-1506
Consent must be executed before any authorized officer or district judge or
magistrate on a form found in the Idaho Code.
|
There
are no express provisions, however case law states that consent is
irrevocable once the child is placed, absent fraud, duress or undue
influence.
|
|
Illinois
|
750
ILCS 50/8(b)
The mother; the father if married to the mother or has established paternity;
a legal guardian; any person or agency having legal custody.
|
750
ILCS 50/12
A child 14 years or older must consent; the court may waive consent if child
is in need of medical care or is mentally retarded.
|
750
ILCS 50/8(a)
The parent is found to be an unfit person; not to be the biological or
adoptive father of the child; or to have waived his parental rights; caused
the child to be conceived as a result of sexual abuse.
|
750
ILCS 50/9
The mother's consent shall not be taken less than 72 hours after the child's
birth. A father may consent before or after the birth.
|
750
ILCS 50/10
Consent to an agency may be take by an agency representative. In a direct
placement, consent is acknowledged in court unless the court waives the
appearance.
|
750
ILCS 50/11
Consents not revoked within 72 hours after the birth are irrevocable unless
obtained by fraud or duress.
|
|
Indiana
|
�
31-19-9-1
Each living parent of a child born in wedlock; the mother of a child born out
of wedlock and the father whose paternity is established; any person or
agency having custody; or the court having jurisdiction.
|
�
31-19-9-1
A child 14 years or older must consent to the adoption.
|
��
31-19-9-8 to 10
Parent has abandoned or failed to contact or support child for 1 year; a
biological father who has not established paternity or whose child was
conceived as a result of rape or incest; a parent whose rights have been
relinquished or terminated, or is found incompetent; who has been convicted
of murder or manslaughter and the victim was the child's other parent; or who
has been convicted of murder, manslaughter, rape, incest, or neglect or
battery and the victim was the child's sibling.
|
�
31-19-9-2
Consent may be executed any time after the child's birth.
|
�
31-19-9-2
Consent may be executed in the presence of the court, a notary public or
other authorized agent, or an authorized agent of the Division of child
placing agency.
|
��
31-19-10-3, 4
A consent may not be withdrawn before the entry of the adoption decree unless
the court finds that the person seeking the withdrawal is acting in the
child's best interest. A consent may not be withdrawn after the entry of the
adoption decree.
|
|
Iowa
|
�
600.7
Any guardian; the spouse of a petitioner who is a stepparent.
|
�
600.7
A child 14 years or older must consent to the adoption.
|
�
600.7; 600A.8
A person refuses to consent or cannot be located to consent. The parent has
signed a release of custody or petition to terminate rights; has abandoned or
failed to support the child; is a chronic substance abuser; has committed
more than one act of domestic abuse; or has abducted, removed or improperly retained
the child.
|
�
600A.4(2)(g)
Parental release of custody may not be executed until at least 72 hours after
child's birth.
|
�
600.7
Consent by a minor must be executed in court. Consent by any other person may
be executed in court or before a notary public.
� 600A.4
Release shall be in writing, have 2 witnesses, shall name the person or
agency accepting the release, state the purpose, and be followed by a
petition for termination of parental rights within a reasonable period of
time.
|
�
600A.4
A request to revoke may be made prior to termination of parental rights. If
the request is made within 96 hours of executing release, the court shall
allow it. If made after 96 hours, the court must find by clear and convincing
evidence good cause for revocation, such as fraud, coercion, or
misrepresentation of fact.
|
|
Kansas
|
�
59-2129
In an independent adoption, by the living parents, unless found unnecessary;
a legal guardian; or court having jurisdiction. In agency adoptions, an
authorized representative of the agency may consent.
|
�
59-2129
A child 14 years or older, if of sound intellect, must consent to the
adoption.
|
�
59-2136
The father has neglected or abandoned the child; failed to contact or support
the child; is unfit or incapable of consent; failed to support mother during
pregnancy; abandoned the mother; raped the mother; failed to assume parental
duties for 2 years. As far as is applicable, the provisions also apply to the
mother.
|
� 59-2114(b),
2116
Mother may not give consent until 12 hours after child's birth and must be
executed not more than 6 months before an adoption petition is filed.
Presumably, a father can consent at any time.
|
�
59-2114
Consent shall be in writing and acknowledged before a judge or authorized
officer.
� 59-2115
A minor parent may consent, but must be provided with counsel prior to
execution, and counsel must be present when consent is signed.
|
�
59-2114
A consent is final when executed unless consenting party, prior to final
decree of adoption, proves by clear and convincing evidence that consent was
not freely and clearly given.
|
|
Kentucky
|
�
199.500
The mother; the father if married to the mother or has otherwise established
paternity.
|
�
199.500
A child 12 years or older must consent to the adoption.
|
�
199.502
A parent has abandoned or failed to support the child; has inflicted serious
injury or allowed the child to be sexually abused; has had parental rights to
another child terminated.
|
�
199.500
Consent is invalid if given prior to 72 hours after the child's birth.
|
�
625.040
A petition for voluntary termination of parental rights shall be filed in the
circuit court of the county where petitioner resides.
|
�
199.500
Consent shall become final 20 days after placement approval or 20 days after
execution if placement approved prior to signing of the consent.
|
|
Louisiana
|
Ch.
Code Art. 1193
The mother; the father or alleged father if he has established parental
rights; the biological father whose paternity has been established; or the
custodial agency who has placed the child for adoption.
|
There is
no express provision requiring a minor to consent to the adoption.
|
Ch.
Code Art. 1245
A parent with custody is married to the petitioner and the other parent has
failed to support, visit or communicate with the child.
|
Ch.
Code Art. 122(b)(1); 1130
Act of surrender shall not be executed prior to 5th day after child's birth.
A father may execute act of surrender prior to or any time after child's
birth.
|
Ch.
Code Art. 1139
Consent must executed before a notary and 2 witnesses. Prior to this, parent
must undergo counseling session, consult with an attorney, and be informed
about Voluntary Registration Law.
CC Art. 1121-23
In a private adoption, the parent must be represented by her own attorney at
the time of execution of consent.
|
Ch.
Code Art. 1123
Consent is irrevocable after the 5th day following child's birth. The
father's consent is irrevocable upon execution.
|
|
Maine
|
Title
18-A � 9-302
Each living parent, unless consent has been waived; the person or agency
having legal custody; or a guardian appointed by the court.
|
Title
18-A � 9-302
A child 14 years or older must consent to the adoption.
|
Title
18-A � 9-302
A parent has abandoned the child; fails to assume parental responsibility;
whose rights have been terminated. The child is 18 years or older. A putative
father who failed to respond to notice or waived right of notice.
|
Title
18-A � 9-202, 302
Consent can be executed any time after the child's birth. A petition for
adoption must be pending before consent is executed.
|
Title
18-A � 9-202
Parents must execute consent before a judge. Consent by an agency may be
executed before a notary public and filed with the probate court.
|
Title
18-A � 9-202
A consent or release will not be valid until 3 days after if has been
executed; it then becomes final and irrevocable. If the adoption consented to
is not finalized within 18 months, a review must be held.
|
|
Maryland
|
Fam.
Law � 5-311
The natural mother and father; or the head of the agency that has been
awarded guardianship.
|
Fam.
Law � 5-311
A child 10 years or older must consent to the adoption.
|
Fam.
Law � 5-312
Child has been out of parent's custody for 1 year and has significant
attachment to petitioner; parent has failed to contact or support child; or
has been convicted of child abuse.
|
Fam.
Law � 5-311
Consent may be executed any time after child's birth.
|
Fam.
Law. � 5-314
Consent must contain express notice of right to revoke. A minor parent's
consent is valid only when accompanied by an affidavit from counsel stating
that consent is given knowingly and willingly.
|
Fam.
Law � 5-311
Consent may be revoked within 30 days or at any time before final decree if
court finds revocation in the child's best interests.
|
|
Massachusetts
|
Ch.
210 � 2
The lawful parents, who may be previous adoptive parents; a surviving parent;
or the mother only if the child has been born out of wedlock.
|
Ch.
210 � 2
A child 12 years or older must consent to the adoption.
|
Ch.
210 � 3
The child is over 18; the court determines that waiver is in child's best
interest; the child has been abandoned or subjected to abuse or neglect; the
parent has been convicted of murder or manslaughter and the victim was the
other parent or a sibling; the child has been in foster care for 15 of the
latest 22 months.
|
Ch.
210 � 2
Written consent shall be executed no sooner than the 4th day after the birth
of the child.
|
Ch.
210 � 2
Consent is executed before a notary public in the presence of 2 competent
witnesses.
|
Ch.
210 � 2
Consent to adoption, executed according to statutory provision, is final and
cannot be revoked. Sample surrender and consent forms are found in the
statute.
|
|
Michigan
|
MCL �
710.43
Each parent or surviving parent; the authorized representative of the child
placing agency to whom the child has been released; or the child's guardian;
or the court or tribal court having permanent custody. If the parent of the
adoptee is a minor, the minor's parent must also consent.
|
MCL �
710.43
A child 14 years or older must consent to the adoption.
|
MCL �
710.37, 710.43
Putative father denies paternity or interest in custody; fails to provide
support. Parental rights have been terminated or relinquished.
MCL � 710.51(6)
Noncustodial parent has failed for 2 years or more to support or communicate
with the child.
|
MCL �
710.29, 710.44
Consent may not be executed until after an investigation and a judge has
explained their rights to the parents. See � 710.34, provisions on
pre-birth consent by putative father; � 710.31, provisions on delay of
mother's consent pending determination of father's status.
|
MCL �
710.29, 710.44
Release is executed before a judge or referee of the juvenile court. If the
release is given by armed services member, an incarcerated person, or agent
of a child placing agency, it is executed before a person authorized to
administer oaths.
|
MCL �
710.29
Person who granted consent may petition court for hearing on whether to grant
revocation, with a time limit of about 20 days. A release may not be revoked
if the child has been placed for adoption unless the child was placed as
provided by � 710.41(2) and a petition has been filed for a rehearing within
time required.
|
|
Minnesota
|
�
259.24 subd. 1, 2
The child's parents or guardian. If there is no qualified parent or guardian,
consent may be given by a commissioner. If the unmarried parent is under age
18, the consent of the minor's parent or guardian is required.
|
�
259.24 subd. 3
A child 14 years or older must consent to the adoption.
|
�
259.24 subd. 1
Parent has abandoned the child; whose rights have been terminated; or who
lost custody through a court proceeding.
|
�
259.24 subd. 2a
Consent may be executed no sooner than 72 hours after child's birth and no
later than 60 days after child's placement in prospective adoptive home.
|
�
259.24 subd. 5
Written consent executed before 2 witnesses, containing withdrawal provisions
and notice that if child is not adopted the parent may be required to support
the child.
|
��
259.24 subd.6, 259.47 subd. 7
Consent may be with-drawn for any reason within 10 working days. Thereafter,
it becomes irrevocable unless there is fraud.
|
|
Mississippi
|
�
93-17-5
The parents or parent, if only one; if both parents are dead, then any 2
adult kin provided at least one is in possession of the child; guardian ad
litem of an abandoned child; any person having custody of the child; or an
agent of the county department.
|
�
93-17-5
A child 14 years or older must consent to the adoption.
|
�
93-17-7
Consent is always needed unless the child is abandoned; the parent is mentally
or morally unfit; or parental rights have been terminated.
|
�
93-17-5
Consent is executed no sooner than 72 hours after the child's birth.
|
�
93-17-5
Consent is executed before and filed by an authorized officer of any
institution engaged in placing children for adoption.
|
Case law
suggests that consent is irrevocable absent fraud, duress or undue influence
shown by clear and convincing evidence.
|
