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Who Must Consent:

• The mother.
• Any man who is presumed to be the father, has acted to establish paternity or has filed with the putative father registry.
• The child's current adoptive parents or other legally recognized parent.

Consent of Adoptee:
A child 14 years or older must consent to the adoption, except where the court finds that the child lacks sufficient mental capacity.

When Parental Consent is Not Needed:
A parent:

• Whose rights have been terminated.
• Whose identity is unknown.
• Who has been found incompetent.
• Who has abandoned or failed to support or care for the child.

When Relinquishment Can Be Signed:
May be executed before a judge or notary public any time after child is 48 hours old, before or after petition for adoption is filed.

How Relinquishment Must Be Signed:
Consent must be acknowledged before a notary public, or have consenting person's signature witnessed by 2 adults.

Time for Revocation:

• Consent may be withdrawn at any time until reviewed and accepted by the judge.
• Case law states that consent is irrevocable absent fraud, duress or coercion.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

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