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Who Must Consent:

• 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.
• The agency that placed the child for adoption.

Consent of Adoptee:
A child 14 years or older must consent, unless the court dispenses with the need.

When Parental Consent is Not Needed:

• A person has relinquished parental rights to an agency, or whose rights have been terminated or determined not to exist.
• The man denies paternity or fails to appear at proceedings.
• Consent of a guardian or agency not required if court finds it is being withheld contrary to child's best interest.

When Relinquishment Can Be Signed:

• 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.

How Relinquishment Must Be Signed:

• 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.

Time for Revocation:

• Consent is irrevocable after 21 days.
• 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 if a condition permitting revocation has occurred.

• 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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