|
Montana
|
�
42-2-301
The birth mother; the husband of the mother if he is the presumed father; any
other person whose parental rights have been established; the agency that has
custody of the child; or the legal guardian.
|
�
42-2-301
A child 12 years or older must consent, either in writing or in court, unless
he lacks the mental capacity to consent.
|
�
42-2-302
An individual whose parental rights have been terminated for unfitness or has
waived rights; has been declared incompetent; who has not been married to the
mother and denies paternity; or the personal representative of a deceased
parent's estate.
|
�
42-2-408
A parent may consent not less than 72 hours after the child's birth and has
first received counseling. A guardian may consent any time after being
authorized by the court.
|
�
42-2-303
Consents must be acknowledged before an authorized officer of the department,
an agency, or the court.
|
�
42-2-410
The parent who has relinquished and the prospective adoptive parent may
mutually agree to revocation prior to the issuance
of an order terminating parental rights. A relinquishment cannot be revoked
once that order has been issued.
|
|
Nebraska
|
��
43-104, 43-105
Any court having jurisdiction over the custody of the child; both parents or
the surviving parent of a child born in wedlock; the mother of a child born
out of wedlock and the father provided he has filed with the biological
father registry; the department or placing agency; or guardian or guardian ad
litem.
|
�
43-104
A child 14 years or older must consent to the adoption.
|
�
43-104, 43-105
A parent has relinquished the child; has abandoned
the child for at least 6 months; whose parental rights have been terminated;
or is incapable of giving consent.
|
There is
no statutory provision, but by implication, any time after the birth of the
child.
|
�
43-106
Must be executed before an authorized officer or, in private placements,
before an attorney, and at least 1 additional witness.
|
Case law
suggests that relinquishment is irrevocable unless there is a finding that it
is in child's best interest.
|
|
Nevada
|
�
127.040
Both parents if both are living; one parent if the other is dead; or the
guardian of the child appointed by the court.
|
�
127.020
A child 14 years or older must consent to the adoption.
|
�
127.090
The parents' parental rights have been terminated.
� 127.040
A parent has been insane for 2 years and there is
proof that the insanity is incurable.
|
�
127.070
Consents executed by the mother before the child's birth or within 72 hours
after the birth are invalid. The father may consent before the birth if he is
not married to the mother.
|
��
127.053, 127.043, 127.057
Consent must executed before 2 witnesses and a copy delivered within 48 hours
to the welfare dept. A child must not be placed in an adoptive home until a consent is executed by the mother.
|
�
127.080
Consent cannot be revoked except as provided by � 127.070 and only if it is
in the child's best interest.
|
|
New Hampshire
|
�
170-B:5
The mother; the legal father; the natural father; the legal guardian; or the
department or agency having custody of the child.
|
�
170-B:5
A child 12 years or older must consent to the adoption.
|
�
170-B:6
When an unwed father has failed to establish paternity; a parent's rights
have been terminated.
|
�
170-B:7
No consent is valid until at least 72 hours after the child's birth.
|
�
170-B:9
In direct placements, consent must be executed in court or before an
authorized person. In agency placements, consent can be executed before an
authorized representative.
|
�
170-B:10
Can be withdrawn before entry of interlocutory decree. After that, consent
may not be withdrawn unless obtained by fraud or duress. The court must also
find it would be in the child's best interest.
|
|
New Jersey
|
�
9:3-41
The parent or guardian of the child; any agency which has obtained the
authority to place the child for adoption.
|
�
9:3-49
A child 10 years or older is required to appear at final adoption hearing and
the child's wishes be given consideration, provided the child has the
capacity to form an intelligent preference.
|
�
9:3-45
Parent has executed a valid surrender; whose
parental rights have been terminated; has failed to respond to notice; whose
child has been made available for adoption in a foreign country; has failed
to contact or support the child; or has not acknowledged paternity.
|
�
9:3-41(e)
Consent may be executed only after 72 hours after child's birth. An alleged
father may execute a disclaimer of parental interest at any time, including
before the child's birth.
|
�
9:3-41(a), 9:3-45(b)(4)
Surrender to an approved agency shall be in writing before an authorized
person. A hearing may be held to determine that the surrender was voluntary
and proper.
|
�
9:3-41
If executed according to provisions, surrender to an agency is valid,
binding, and irrevocable and constitutes a termination of parental rights. At
the discretion of the agency, it may be set aside when based on fraud, duress
or misrepresentation.
� 9:3-46
A parent who has not executed a surrender and whose
rights have not been terminated may file written objections to an adoption
within 20 days after notice is given.
|
|
New Mexico
|
�
32A-5-17
The mother; presumed or acknowledged father; the department or agency to whom
the child has been relinquished; the guardian of the parent when the guardian
has right of consent. For an Indian child, consent must be obtained from an
Indian guardian.
|
�
32A-5-17
A child 10 years or older must consent, unless a court finds the child lacks
the mental capacity to make a judgment.
|
��
32A-5-18, 19
A parent's rights have been terminated or have been relinquished to an
adoption agency. A biological father of a child conceived by rape or incest;
any person who fails to respond to notice; any putative father who fails to
register. The parent has left the child without identification or has failed
to contact or support the child.
|
�
32A-5-21(G)
No consent is valid for at least 48 hours after the child's birth.
|
�
32A-5-23
Consent shall be executed before a judge or an individual appointed to take
consents. If not executed before a judge, the consent must be in writing,
signed by the parent, and notarized.
|
�
32A-5-21(I)
Consents may not be withdrawn prior to the entry of the final judgment unless
the consent was obtained by fraud. After the final decree, consent is
irrevocable.
|
|
New York
|
Dom. Rel. Law � 111
Both parents if child is born or conceived in wedlock; if not, the mother and
father if he has shown an interest in the child; any person or agency having
custody.
Fam. Ct. Act �1055
Agency's consent is required if the agency has custody and guardianship of
the child, or (Dom. Rel. Law � 113) if both
parents are deceased or one parent is deceased and the other parent is not
entitled to notice.
|
Dom. Rel. Law � 111
A child 14 years or older must consent to the adoption unless the court
dispenses with consent.
|
Dom. Rel. � 115
The parent has failed to visit or contact the child for 6 months; has
surrendered the child for adoption; or due to mental illness or retardation
is unable to care for child. � 111 Parent shows intent to forego
rights, has surrendered the child to an agency, or whose child has a court
appointed guardian; is unable to care for the child due to mental illness.
|
Not
specified in statute, but case law implies that consent may be executed any
time after the child's birth.
|
Dom. Rel. � 115-b
For private adoptions, the statute distinguishes between consents executed in
court and extra-judicial consents, and indicate required contents for
consents to be valid.
Soc. Ser. Law. � 384
For agency adoptions, statute details requirements for a valid written
surrender.
|
Dom. Rel. � 115-b
In a private adoption, consent given in court is irrevocable; an
extra-judicial consent may be revoked in 45 days. Parental consents to
private adoptions and surrenders in agency adoptions may be challenged if obtained
by fraud, duress or coercion.
|
|
North Carolina
|
�
48-3-601, 602
The mother; a man who was married to the mother or has legitimated the child;
a guardian; the agency that placed the child for adoption; the guardian ad litem of an incompetent parent.
|
�
48-3-601
A child 12 years or older must consent to the adoption.
|
�
48-2-603
The parent fails to respond to notice or if a putative father cannot
establish parental rights; rights have been terminated or relinquished; a man
denies paternity.
|
� 48-3-604
A man may consent any time before or after child's birth. A mother may only
consent after the child's birth. In an agency adoption, consent may be
executed after the child has been under agency care 30 days.
|
��
48-3-605, 606
Must be signed and executed under oath before an authorized individual,
stating that consent was voluntary and stating the legal consequences of the
consent.
|
��
48-3-607, 608, 609
Is generally final and irrevocable. Consent to an infant in utero or younger than 3 months may be revoked within 21
days. A parent who is a minor may revoke within 7 days. May be revoked if
there is fraud, duress or mutual agreement, and if filed within 6 months.
|
|
North Dakota
|
�
14-15-05
The mother, whether by birth or adoption; the father, whether by adoption or
other means of legitimation; the presumed natural
father; any person lawfully entitled to custody, or the court having
jurisdiction to determine custody.
|
�
14-15-05
A child 10 years or older must consent to the adoption.
|
�
14-15-06
The child has been abandoned; there is no communication or support for 1
year; parental rights have been terminated or relinquished; adulthood of
adoptee; parental incompetence.
|
�
14-15-07
Consent may be executed anytime after the child's birth.
|
�
14-15-07
If by an agency, consent must be executed before and authorized person or
executive head of agency. If by an individual, consent must be executed
before a court.
|
�
14-15-08
Consent can be withdrawn before the final order, but only if the court finds
that it is in the child's best interest.
|
|
Ohio
|
�
3107.06
The mother; the father if he was married to the mother at the time of
conception, is the adoptive father, or has established paternity; the
putative father; any agency or person having permanent custody; or the court
having jurisdiction to determine custody.
|
�
3107.06
A child 12 years or older must consent, unless it is in the child's best
interest to waive the requirement.
|
� 3107.07
The parent fails to contact or provide for the child for 1 year; the putative
father is not the actual father; the parent relinquishes or has parental
rights terminated; guardian or custodian withholds consent unreasonably; a
parent or guardian is in a foreign country and child is released for adoption
pursuant to laws in that country.
|
�
3107.08(A)
Consent cannot be executed until at least 72 hours after the child's birth.
|
�
3107.08
By the adoptee in the presence of the court; by an agency, before an
authorized person; by another person or parent except the minor, before the
court or an authorized person; or by court order.
|
�
3107.084
A consent is irrevocable except if consent is withdrawn prior to the
interlocutory order or prior to entry of the final decree when no other order
has been entered after a hearing that withdrawal is in the best interest of
the adoptee.
|
|
Oklahoma
|
�
10-7503-2.1
Both parents; one parent is the other is dead, has had rights terminated, or
whose consent is not required; legal guardian; head of a child placing agency
to the whom the child has been relinquished; any person having legal custody.
The parents or guardian of a minor parent must consent.
|
�
10-7503-2.1
A child 12 years or older must consent to the adoption.
|
�
10-7505-4.2
Parental rights have been terminated; for 12 months, the parent has failed to
support the child; a parent has been convicted of physical or sexual abuse,
or is incarcerated; a putative father fails to acknowledge paternity; a
parent has a mental illness or deficiency.
|
�
10-7503-2.2, 2.3
Parent may not execute consent until after child's birth. A putative father
may consent before or after child's birth. A permanent relinquishment may be
executed any time after child's birth, but must be in writing and include a
statement of irrevocability.
|
�
10-7503-2.3
Parents may relinquish to the department, an agency, or another person. It
must be in writing and executed before a judge. Consent must state that it
executed voluntarily and unequivocally. A putative father may make an
extra-judicial consent.
|
�
10-7503-2.7
Consent is irrevocable, except if it was obtained by fraud or duress, or if
court finds that it is in child's best interest and there has been no
adoptive placement for 9 months.
� 10-7503-2.4
An extra-judicial consent is revocable for any reason for 15 days.
|
|
Oregon
|
�
109.312
The parents, or surviving parent; a guardian; next of kin; a suitable person
appointed by the court as next friend of the child.
� 109.316
State office of agency to which custody has been surrendered.
|
�
109.328
A child 14 years or older must consent to the adoption.
|
A parent
does not retain custody (� 109.314); when a parent is mentally ill or
deficient or has been imprisoned more than 3 years (�109.322); a
parent has deserted or neglected the child (�109.324); the mother's
husband is found not to be the child's father (�109.326).
|
Statute
does not specify when consent can be executed.
|
�
109.312
Must be in writing and its validity attested to by the court or an authorized
person.
� 418.270
A parent may execute consent or surrender to a child placing agency;
information on medical background of child and parents must be filed before
consent is valid.
|
�
109.312
Consent may not be revoked unless fraud or duress is proved with respect to
any material fact surrounding the adoption procedure.
|
|
Pennsylvania
|
23 Pa. � 2711
The parents or surviving parent; the guardian or custodian; the husband or
former husband of the natural mother unless there is proof that he is not the
natural father.
|
23 Pa. � 2711
A child 12 years or older must consent to the adoption.
|
23
Pa. �� 2714, 2511
When the adoptee is 18 years or older; the parent of a newborn fails to
maintain contact for 4 months; the father of a child conceived through incest
or rape; parental rights have been terminated; the parent has failed to
perform parental duties; there is repeated and continued abuse or neglect;
the parent is the presumptive but not natural father of the child; the child
is in the custody of an agency because the whereabouts of the parents are
unknown; the child has been removed from the parent for 6 months.
|
23 Pa. � 2711(C)
Consent may not be executed until at least 72 hours after the child's birth.
A putative father may execute a consent at any time
after receiving notice of the expected or actual birth of the child.
|
23
Pa. �� 2501-2505, 2711
These sections deal with voluntary relinquishment to an agency or directly to
prospective adopters; provide for court hearings to approve relinquishments
or court approval of consents executed out of court. There are also
procedures for when parents do not petition for relinquishment within 40 days
of executing consent, and making available counseling. The contents of out of
court consents are detailed.
|
23 Pa. � 2711
A parent can revoke consent until the court has entered either a termination
order of adoption decree confirming consent. If it is deemed in the child's
best interest, the consent may be revoked even after entering a termination
or adoption decree.
|
|
Rhode Island
|
�
15-7-5
The parents or surviving parent; the guardian or next of kin; a suitable
person appointed by the court as next friend of the child.
� 15-67-10
A minor parent must have the consent of one of the parents, a guardian or
guardian ad litem.
|
�
15-7-5
A child 14 years or older must consent to the adoption.
|
�
15-7-7
Parental rights have been terminated; the parent has neglected or abused the
child or subjected the child to aggravated circumstances; the parent is
deemed unfit due to emotional or mental illness; excessive drug or alcohol
abuse; parent has voluntarily or involuntarily placed the child in the care
of a licensed agency.
|
�
15-7-6
Termination of rights of consent to adoption may not be executed sooner than
15 days after the child's birth.
|
�
15-7-5
Consent must be in writing.
|
�
15-7-21.1
A decree of adoption or consent cannot be challenged except by a petition
filed within 180 days and a finding by the court that the decree is not in
the child's best interest.
|
|
South Carolina
|
�
20-7-1690
Parents or surviving parent; the father when the parents are not married if
the father has maintained substantial contact with the child; the legal
guardian; the child placing agency or legal custodian.
|
�
20-7-1690
A child 14 years or older must consent to the adoption, except where the
court finds that the child lack the mental capacity to consent or that it is
not in the child's best interest.
|
�
20-7-1695
Parental rights have been terminated pursuant to statutes listed; a parent
has executed a relinquishment or has been judged mentally incapable.
|
�
20-7-1700
Consent may be given at any time after the child's birth.
|
�
20-7-1705
Consent must be signed in the presence of 2 witnesses, one of whom must be a
judge, a disinterested attorney, or authorized person. The witness must
attest that consent was voluntary and executed without duress or coercion,
and contain detailed information and a statement of legal consequences of
signing.
|
�
20-7-1720
Consent may be withdrawn if it is in the child's best interest and if it was
given involuntarily or under duress or coercion. The final decree renders the
consent irrevocable.
|
|
South Dakota
|
�
25-6-4
No child may be adopted without the consent of the child's parents.
|
�
25-6-5
A child 12 years or older must consent to the adoption.
|
�
25-6-4
If the parent is guilty of adultery or incarcerated; has abandoned the child;
is a habitual drinker or mentally incompetent; has been deprived of custody;
or has neglected the child.
|
�
25-5A-4
No petition to terminate rights or consent to adoption may be filed until 5
days after the child's birth.
|
��
25-6-12; 15-5A-16
Consent must be in writing; followed by a court appearance to answer
questions indicating their voluntary action and understanding of the
consequences.
|
�
25-6-21
Except in any case involving fraud, any adoption proceeding shall be in all
things legalized 2 years after finalization; any claims must be initiated
within those 2 years.
|
|
Tennessee
|
�
36-1-110
A parent under age 18 shall have the capacity to give consent to adoption.
� 36-1-111
The child's parent or guardian.
|
There is
no requirement for a minor to give consent.
|
�
36-1-113
There is no person qualified to give consent. The parent has abandoned the
child; has shown substantial noncompliance with a permanency plan; whose
child has been out of the home for 6 months; has committed severe child
abuse; been imprisoned for 2 years for conduct against a child; has failed to
support, contact or visit the child.
|
�
36-1-111
No surrender shall be made prior to the 3rd day after birth unless the parent
is living in another state or territory. The count starts on the first full
day following birth. The court may, for good cause shown, waive the 3 day
waiting period.
|
�
36-1-111(b)
Surrenders shall be made in the presence of a judge, and the court shall
advise the person of the right, time and procedure. The court may accept notarized statements if someone is unable to surrender in
person.
|
�
36-1-112
Person may revoke a surrender within 10 days if a petition to adopt has not
been filed and revocation occurs in the presence of a judge. After 10 days, a surrender cannot be set aside unless there was fraud,
duress, intentional misrepresentation and it is brought before the court
within 30 days.
|
|
Texas
|
Fam. Code � 162.010
The managing conservator; the parent and spouse of parent.
|
Fam. Code � 162.010
A child 12 years or older must consent, unless court finds it in the child's
best interest to waive consent.
|
Fam. Code �161.005, 161.006, 161.007
Parent's inability to care for child due to mental illness; voluntary
termination of parental rights; after an abortion where the child survives; a
person is convicted of a crime resulting in the birth of a child; termination
on the grounds of abandonment nonsupport, endangerment, abuse and neglect.
|
Fam. Code �161.103, 161.106
The birth mother may consent no sooner than 48 hours after the birth. A man
may sign an affidavit disclaiming any interest at any time before or after
the birth.
|
Fam. Code � 161.103
A consent must be signed by the parent, whether or not a minor, witnessed by
2 credible witnesses, and verified by a person authorized to take oaths.
|
Fam. Code �162.011, 161.1035
The parent has the right of revocation for up to 11 days after signing the
waiver of interest or relinquishment. On the 11th day, consent becomes
irrevocable. Any time before an order granting an adoption, consent may be
revoked by filing a signed revocation.
|
|
Utah
|
�
78-30-4.14, 4.21
The mother; any biological father who has established paternity; or the child
placing agency to which the child has been relinquished. A minor parent has
the power to consent.
|
�
78-30-4.14, 6
A child 12 years or older must consent to the adoption, unless he does not
have the capacity to consent.
|
�
78-30-17, 23
Parent has been deprived of custody due to cruelty, neglect, desertion or
failure to provide; has had rights terminated; natural father has failed to
establish a relationship with the child; or parent has relinquished child to
a licensed agency.
|
�
78-30-4.19
Birth mother may not execute consent until at least 24 hours after child's
birth.
|
�
78-30-4.18
Consent must be signed under oath before a judge or authorized official of a
child-placing agency so long as signature is notarized or witnessed by 2
disinterested witnesses.
|
�
78-30-4.20
Consent is effective when signed and cannot be revoked. Case law suggests
that consent may be revoked if induced by duress, undue influence, deception
or other grounds that would justify release from a contract.
|
|
Vermont
|
Title
15A � 2-401
The birth mother; the biological father; the man married to the mother at the
time of conception or who has acknowledged paternity; the child's guardian;
adoptive or other legally recognized parents; or the agency that placed the
child for adoption.
|
Title
15A � 2-401
A child 14 years or older must consent, unless the court dispenses with the
need.
|
Title
15A � 2-402
A person has relinquished parental rights to an agency, or whose rights have
been terminated on grounds that they did not exercise parental authority; who
has been convicted of a crime or committed an act of violence against a child
or parent; or is otherwise declared unfit.
|
Title
15A � 2-404
Consent by a parent may not executed earlier than 36 hours after child's
birth; consent by a guardian can be made any time after being authorized by
the court; consent by an agency may be made any time before or during the
hearing on adoption.
|
Title
15A � 2-405
A consent executed by a parent or guardian shall be signed in the presence of
the probate judge or the court's authorized agent. A minor must consent in
the presence of a judge.
|
Title
15A � 2-407-409
Consent is irrevocable after 21 days. A consent is
revoked if the parent notifies the court within 21 days; or the parent and
prospective adoptive parent agree. Consent may also be set aside if obtained
by fraud or duress, or a petition was not filed within 45 days after
placement, or that a condition permitting revocation has occurred.
|
|
Virginia
|
�
63.1-225(D)
The mother; the husband of the mother; the birth father if the parents are
unwed, unless the birth father cannot be determined or fails to respond to
notice; the agency or department having custody. A minor parent shall have
power to consent.
|
�
63.1-225
A child 14 years or older must consent to the adoption unless the court finds
the child's best interest would not be served.
|
�
63.1-220.2, 220.3
When the father has been convicted of rape; if parental rights have been
terminated; if the putative father cannot be identified, or if known, fails
to respond to notice.
|
�
63.1-220.2, 220.3
Consent is not valid until the child is 10 days old. Relinquishment to an
agency may occur sooner through an entrustment agreement, but it also is not
valid until the child is 10 days old.
|
��
63.1-220.2, 220.3
Consent in direct placement must be executed in court in presence of adoptive
parents. Entrustments and consents in agency placements may be executed
before an authorized officer.
|
�
63.1-220.3
Consent is revocable by either parent for any reason for 15 days. After that
period, but before the final adoption order, consent may be revoked only upon
proof of fraud or duress or mutual written consent of birth and adoptive
parents.
|
|
Washington
|
�
26.33.160
The parents and any alleged father; the agency or department to which the
child has been relinquished; the legal guardian.
|
�
26.33.160
A child 14 years or older must consent to the adoption.
|
�
26.33.120
A parent's rights have been terminated in the child's best interest and due
to failure to perform parental duties.
|
�
26.33.090, 160
Parents' written consent and petition to relinquish may be filed before
birth, but the hearing may not be held sooner than 48 hours after the birth.
If the child is an Indian child, the petition and consent shall not be signed
until at least 10 days after birth.
|
��
26.33.090, 26.33.160
Consents may be executed out of court but are not valid until approved by a
judge.
|
�
26.33.160
Consent is revocable until court approves it. Thereafter, consent is
irrevocable, except that for 1 year, consent may be
revoked for fraud, duress, or lack of mental competency.
|
|
West Virginia
|
�
48-4-3
The parents of a marital child; the mother and determined father of a nonmarital child; the legal guardian or other person
having legal custody; or a suitable person appointed by the court as next
friend to the child.
� 49-3-1
An agency having permanent legal custody of the child.
|
�
48-4-3
A child 12 years or older must consent, but consent may be waived for
"extraordinary cause" by the court.
|
�
48-4-3
Parental rights have been terminated; a child was abandoned or permanently
relinquished; the parent is under disability or incurably insane.
|
� 48-4-3a
Consent may not be executed until at least 72 hours after the child's birth.
|
�
48-4-3a, 4
Consent must be signed and executed in the presence of a judge, a notary, or
person designated by the court to take consent. If the parent is a minor,
consent shall be reviewed and approved by the court.
|
�
48-4-5
If, prior to entry of adoption order, the birth parent and adopting parent
mutually agree; or that consent was obtained by fraud or duress. The court
will award custody based on child's best interest.
|
|
Wisconsin
|
�
48.41
A parent may consent to a voluntary termination of parental rights.
� 48.42
A petition may also be filed by an agency or other authorized person.
|
There is
no provision requiring a child to consent to an adoption.
|
�
48.415
Parental rights have been terminated due to failure of parents to assume
responsibility; abandonment, continuing parental disability and child abuse;
causing child to be conceived as a result of incest or sexual assault; or
homicide of a parent.
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48.837
A hearing is held within 30 days of the filing of a petition for voluntary
termination of parental rights, but not before the birth of the child.
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48.41
Consent is given in court after the judge explains the effect of termination
of rights and is satisfied that consent is informed and voluntary. Personal
appearance may be waived and written consents accepted if it is impossible or
difficult for parent to appear.
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48.46
Generally consents are irrevocable, but a parent who has consented to
termination may file a motion within 60 days for relief on grounds given in �
806.07(1).
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Wyoming
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1-22-109
Both parents, if living; mother and putative father, if known; legal
guardian; the head of the agency to which the child has been relinquished;
legal custodian; or the guardian of any parent adjudged mentally incompetent.
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1-22-109
A child 14 years or older must consent to the adoption.
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1-22-110
When parent fails to respond to notice; parental rights have been terminated;
parent has abandoned the child or been adjudged guilty of child abuse or
neglect; child was conceived as a result of rape or incest for which the
father was convicted; parent fails to meet support obligation; a putative
father fails to acknowledge paternity.
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1-22-109
Consent shall be executed any time after the child's birth. Written
relinquishment of custody and written consent are required; both may be
included in the same document.
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1-22-109
Consent may be acknowledged by an authorized person or representative of the
department or the agency to whom custody is being relinquished; it may also
be approved by the court.
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