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Who Must Consent:
  • A parent under age 18 shall have the capacity to give consent to adoption.
  • A guardian ad litem may be appointed.
  • The child's parent or guardian.

Consent of Adoptee:
Not addressed in statutes reviewed.

When Parental Consent is Not Needed:
  • 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.
  • Has been imprisoned for 2 years for conduct against a child.
  • Has failed to support, contact or visit the child.
When Relinquishment Can Be Signed:
  • No surrender shall be made prior to the 3rd day after birth
  • The count starts on the first full day following birth.
  • The court may, for good cause shown, waive the 3 day waiting period.
How Relinquishment Must Be Signed:
  • 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.
Time for Revocation:
  • Person may revoke a surrender within 10 days if such revocation occurs in the presence of a judge.
  • After 10 days, a surrender cannot be set aside unless the court finds reasons the adoption should not go forward, as detailed in the statutes.
  • A surrender may be revoked at any time prior to the entry of an order of confirmation of parental consent by the court.
  • The surrender may be revoked if there is clear and convincing evidence of fraud, misrepresentation, or duress.
• 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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