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Consent, as it relates to adoption, refers to the 

agreement by a parent, or a person or agency 

acting in place of a parent, to relinquish a child 

for adoption and release all rights and duties 

with respect to that child. Consent to adoption is 

regulated by State statutes, not by Federal laws, 

and States differ in the way they regulate consent. 

In most States, the consent must be in writing 

and either witnessed and notarized or executed 

before a judge or other designated official. 

State legislatures have developed a range of 

provisions designed to ensure protection for all 

involved individuals, including the following:

 Children (to prevent unnecessary and traumatic

separations from their adult caregivers)

 Birth parents (to prevent uninformed, hurried,

or coerced decisions)1

 Adoptive parents (to lessen anxiety about the

legality of the adoption process)

1 The term "birth parent" is used to distinguish "birth" from 

"adoptive" and other types of parents and to reflect language 

used in State statutes.

Consent to Adoption

1

STATE STATUTES

CURRENT THROUGH OCTOBER 2021

To find statute information for a particular State, go to the State Statutes Search. 

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WHAT'S INSIDE

Consent of children being adopted

When consent can be executed

Who must consent?

How consent must be executed

Revocation of consent
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WHO MUST CONSENT

In all States, the District of Columbia, American 

Samoa, Guam, the Northern Mariana Islands, 

Puerto Rico, and the U.S. Virgin Islands, the 

birth mother and the birth father (if he has 

properly established paternity) hold the primary 

right of consent to adoption of their minor 

child.2 When neither birth parent is available or 

is no longer legally authorized to give consent, 

the responsibility may fall to another legal 

entity, such as the following:

 The agency that has custody of the child 

 Any person who has been given custody 

 A guardian or guardian ad litem 

 The court having jurisdiction over the child 

 A close relative of the child 

 A "next friend" of the child, who is a 

responsible adult appointed by the court 

In all States, the court3

 may determine that 

consent of the parent is not needed under 

specific circumstances, including when 

parental rights have been terminated or the 

parent has abandoned the child, has been 

convicted of specified crimes against the other 

parent or the child, has failed to support or 

establish a significant relationship with the 

2 In States that have a putative father registry, an unmarried birth father who fails to register in a prescribed manner and within 

the proper time period may lose the right to object or consent to the adoption. Other jurisdictions require unwed fathers to 

file a notice of their paternity claim within a certain period of time. For detailed, State-by-State information, see Child Welfare 

Information Gateway’s The Rights of Unmarried Fathers. 3 To find information about which court has jurisdiction for adoption consent, see Information Gateway’s Court Jurisdiction and 

Venue for Adoption Petitions. 4 Crimes that can lead to the termination of parental rights include murder, manslaughter, or physical assault that results in 

severe bodily injury. For more information, see Information Gateway’s Grounds for Involuntary Termination of Parental Rights. 5 Louisiana does not currently address in statute the issue of consent by the minor adoptive child.

6 The word "approximately" is used to stress the fact that states frequently amend their laws. The information in this 

publication is current through October 2021.

7 Alabama, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, 

New Hampshire, New Mexico, New York, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, and 

Wyoming

8 Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Kentucky, Maine, Massachusetts, Montana, North 

Carolina, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, West Virginia, and Wisconsin

9 Alaska, Hawaii, Maryland, New Jersey, and North Dakota 

10 Alabama, Idaho, Illinois, Kansas, Missouri, Montana, South Carolina, Tennessee, and Utah

child, or is found mentally incompetent or 

unfit. The court may terminate the rights of 

one or both parents for reasons including 

abandonment, failure to support the child, 

mental incompetence, or a finding of parental 

unfitness due to child abuse or neglect.4 An 

unwed father’s consent may not be needed if he 

has failed to establish legal paternity, is found to 

have abandoned or neglected the child or to be 

an unfit parent, or fails to respond to a notice of 

an adoption proceeding.

CONSENT OF CHILDREN BEING 

ADOPTED

Nearly all States, the District of Columbia, 

American Samoa, Guam, the Northern Mariana 

Islands, Puerto Rico, and the Virgin Islands 

require that older children give consent to 

their adoption.5 In approximately 24 States,6

the District of Columbia, and the Virgin Islands, 

a child who is age 14 or older must consent to 

the adoption.7 Twenty States, American Samoa, 

and Guam require a child who is at least age 

12 to consent,8 while five States, the Northern 

Mariana Islands, and Puerto Rico require 

consent of children who are age 10 or older.9

In nine States, the requirement can be 

dispensed with if the child lacks the mental 

capacity to consent.10 In 16 States and the 

Northern Mariana Islands, the court, at its 

discretion, may dispense with consent if it is in 
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the best interests of the child.11 Colorado and New 

Mexico require that the child be provided with 

counseling prior to giving consent. In Maryland, 

a court may grant an adoption only if the child to 

be adopted is represented by an attorney.

WHEN CONSENT CAN BE EXECUTED

Approximately 47 States and the Northern Mariana 

Islands specify in statute when a birth parent may 

execute consent to adoption.12 Fifteen States and 

the Northern Mariana Islands allow birth parents 

to consent at any time after the birth of the child.13

Approximately 18 States allow an alleged birth father 

to execute consent at any time before or after the 

child’s birth.14 Only three States (Alabama, Colorado, 

and Hawaii) allow the birth mother to consent 

before the birth of her child; however, the decision 

to consent must be reaffirmed after the child’s birth.

Thirty-three States require a waiting period after 

the birth of a child before consent can be executed. 

The shortest waiting periods among States that 

require waiting periods are 12 hours (in Kansas), 

24 hours (in Utah), and 36 hours (in Vermont) and 

the longest is 15 days (in Rhode Island). 

The most common waiting period, required 

in 18 States, is 72 hours (also expressed as 3 

days).15 In Connecticut, Florida (for the mother), 

Massachusetts, Missouri, Nebraska, New Mexico, 

Texas, and Washington, the waiting period is 48 

11 Alaska, Arkansas, Delaware, Florida, Hawaii, Kentucky, New Hampshire, New York, North Carolina, Ohio, Oklahoma, South 

Carolina, Texas, Vermont, Virginia, and West Virginia

12 Statutes in Idaho, New York, Oregon, the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands do not 

currently provide a specific timeframe for executing consent.

13 Alabama, Alaska, Arkansas, California (for agency placements), Delaware, Florida (for the father), Georgia, Indiana, Maryland, North 

Carolina, North Dakota, Oklahoma, South Carolina, Wisconsin, and Wyoming

14 Alabama, Colorado, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas (only if the father’s attorney is present), Louisiana, 

Missouri, Nevada, New Jersey, North Carolina, Oklahoma, Pennsylvania, Texas, Utah, and Virginia

15 Arizona, Illinois, Iowa, Kentucky, Louisiana (for agency adoptions only), Maine, Michigan (for direct placements), Minnesota, 

Mississippi, Montana, Nevada, New Hampshire, New Jersey, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia

16 Arizona, California, Florida, Georgia, Indiana, Iowa, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, 

New York, North Dakota, Oregon, South Carolina, Utah, Virginia, West Virginia, and Wyoming

17 Alabama, Alaska, Arkansas, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Michigan, Missouri, New Hampshire, 

New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, 

and Wyoming

18 Colorado, Connecticut, Hawaii, Kentucky, Pennsylvania, Rhode Island, Texas, and Wisconsin

19 Counseling must be provided in seven States (Colorado, Iowa, Kansas, Louisiana, Maine, New Mexico, and Oregon); the legal 

effects of relinquishment must be explained in 13 States (Alabama, California, Kansas, Louisiana, Maine, Michigan, Missouri, New 

Hampshire, New Jersey, New Mexico, North Carolina, Ohio, and Vermont) and American Samoa; and independent legal counsel 

must be provided to a birth parent in Louisiana and New Hampshire.

hours or 2 days. Parents must wait 5 days to consent 

in Louisiana (for private adoptions only) and in 

South Dakota. In California, a birth mother making 

a direct placement must wait to consent until she 

has been discharged from the hospital following 

the child’s birth. If the child being relinquished is an 

Indian child, California, Washington, and Wisconsin 

impose a 10-day waiting period.

HOW CONSENT MUST BE EXECUTED

The manner in which consent can be executed 

varies considerably from State to State, and many 

States accept more than one form of consent. In 21 

States, the District of Columbia, American Samoa, 

Guam, the Northern Mariana Islands, and the Virgin 

Islands, consent may be executed by a written 

statement witnessed and/or notarized by a notary 

public.16 Twenty-seven States and the Northern 

Mariana Islands, the person executing consent must 

appear before a judge to confirm the consent.17 In 

eight States and American Samoa, a petition for 

relinquishment or termination of parental rights 

must be filed with the court.18 Some States require 

that the parent receive counseling, have his or 

her rights and the legal effect of relinquishment 

explained to him or her, or be provided with legal 

counsel prior to consent.19 In cases in which custody 

of the child has previously been relinquished to an 

agency, the head of the agency may sign an affidavit 

of consent.
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Alaska, Colorado, New Hampshire, and 

Oklahoma require that the instrument of 

consent indicate whether the child being 

adopted is an Indian child or eligible for 

Tribal membership. In Georgia, a father who 

relinquishes a child for adoption may sign 

an affidavit regarding his Native American 

heritage or military service. In Oregon, the 

relinquishment of an Indian child must be 

executed at a court hearing. California, New 

Mexico, North Carolina, South Dakota, and 

Wisconsin require that relinquishments of 

Indian children meet the standards set forth 

in the Federal Indian Child Welfare Act.20

In seven States, if the individual executing the 

consent is a member of the armed services, 

the consent must be signed or confirmed 

in the presence of a commissioned officer 

on active duty in the military service of the 

United States.21 In four States, if the person 

executing consent is in a foreign country, 

the form must be signed and acknowledged 

in the presence of an officer of the Foreign 

Service or a consular officer of the United 

States.22 In Michigan, Montana, Pennsylvania, 

and Tennessee, if the person executing the 

surrender is incarcerated in a State or Federal 

penitentiary, the surrender may be executed 

before the warden, a notary public, or any 

person authorized by law to administer oaths.

20 The Indian Child Welfare Act provides that the consent to adoption of any Indian parent or custodian shall not be valid 

unless it is executed in writing and recorded before a judge of a court of competent jurisdiction (i.e., a court designated by 

statute to hear adoption petitions) and accompanied by the presiding judge’’s certificate that the terms and consequences of 

the consent were fully explained in detail and were fully understood by the Indian parent or custodian. The court shall also 

certify that either the Indian parent or Indian custodian fully understood the explanation in English or that it was interpreted 

into a language that the parent or custodian understands. Any consent given prior to, or within 10 days after, the birth of the 

Indian child shall not be valid (25 U.S.C. § 1913(a)).

21 Delaware, Illinois, Michigan, Montana, Tennessee, Vermont, and West Virginia

22 Delaware, Tennessee, Vermont, and West Virginia

23Alabama, Arizona, California, Connecticut, Delaware, Florida (except a parent who is age 14 or younger), Idaho, Indiana, 

Kansas, Kentucky, Mississippi, Montana, New York, North Carolina, Oklahoma (for a parent who is age 16 or older), 

Pennsylvania, South Carolina, Tennessee, Utah, and Virginia

24Louisiana, Minnesota, New Hampshire, and Oklahoma

25 Alabama, Connecticut, Montana, and Rhode Island

26 Kansas, Montana, and Vermont

27 Alabama, Connecticut, Kentucky, Missouri, and West Virginia

CONSENT BY MINOR PARENTS

In 20 States and the District of Columbia, a 

birth parent who is a minor has the same right 

to consent to the adoption of his or her child 

as a parent who is an adult.23 However, in four 

States, Guam, and Puerto Rico, the parent of 

the minor parent must sign the consent.24 In 

four States, the minor parent’s guardian ad 

litem must execute the consent.25 In Florida 

(for a parent aged 14 or younger), Michigan, 

and Rhode Island, consent must be given 

by the minor parent’s parent, guardian, or 

guardian ad litem. Three States require that 

a minor parent be provided with separate 

counsel prior to the execution of consent,26

and five States require that a guardian ad 

litem must be appointed to review the 

consent.27 In Minnesota, a minor parent must 

be offered the opportunity to consult with an 

attorney, a member of the clergy, a physician, 

or an advanced practice nurse before 

consenting to the adoption of the child.

REVOCATION OF CONSENT

Adoption is meant to create a permanent and 

stable home for a child; therefore, a validly 

executed consent is intended to be final and 

irrevocable. As a result, the right of a birth 

parent to revoke consent is strictly limited. 

The Virgin Islands makes no provisions 
Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov 5

in statute for revocation of consent; and in 

Massachusetts and Utah, all consents are 

irrevocable upon their execution.

In most States, the law provides that 

consent may be revoked prior to the entry 

of the final adoption decree under specific 

circumstances or within specified time limits. 

The circumstances under which withdrawal 

of consent may be permitted by a State can 

include the following:

 Consent was obtained by fraud, duress, or 

coercion.28 

 The birth parent is allowed to withdraw 

consent within a specified period of time, 

after which consent is irrevocable.29 

 The birth parent is allowed to withdraw 

consent within a specified period of time, 

after which consent is irrevocable unless 

there is evidence of fraud or duress.30 

 The birth parent is allowed to withdraw 

consent within a specified period of time, 

after which consent is irrevocable unless it 

can be shown that revocation is in the best 

interests of child.31

28 Alabama, Arizona, Colorado (claim must be filed within 90 days), Florida, Illinois (claim must be filed within 12 months), Kansas, 

Louisiana, Missouri, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma (claim must be filed within 3 months), 

Oregon, Rhode Island (claim must be filed within 180 days), South Carolina, South Dakota (claim must be filed within 1 year or 

within 2 years for an Indian child), Virginia, Washington (claim must be filed within 1 year or within 2 years for an Indian child), 

West Virginia (claim must be filed within 6 months), Wisconsin, and Wyoming

29 Arkansas (10 days), California (30 days in a direct placement), Delaware (60 days), Georgia (4 days), Kentucky (3 days), Louisiana 

(90 days), Maine (5 days), Maryland (30 days), Mississippi (6 months), Missouri (until confirmed by the court), Oklahoma (15 

days for an extrajudicial consent), Virginia (7 days in a direct placement if the child is at least 10 days old; 7 days in an agency 

placement), American Samoa (2 years), and the District of Columbia (10 days)

30 California (2 years for an Indian child), Iowa (96 hours), Minnesota (10 days), North Carolina (7 days), Oklahoma (30 days), 

Pennsylvania (30 days), Tennessee (3 days), Texas (10 days), Vermont (21 days), and Virginia (15 days)

31 Alaska (10 days), New York (45 days for extrajudicial consents; judicial consents are irrevocable), and Rhode Island (180 days)

32 Alabama (petition must be made within 14 days), Connecticut, Hawaii, Indiana (petition must be filed within 30 days), New 

Hampshire, North Dakota, Ohio, South Carolina, Guam, and the Northern Mariana Islands

33 Montana, North Carolina, Oklahoma, Vermont (request must be made within 21 days), Virginia (request must be made within 15 

days), and West Virginia

34 California (if the placement is not made within 30 days), Maine (if the adoption is not finalized within 18 months), Oklahoma (if 

the adoption petition is not filed within 9 months), and Nevada (if no petition for adoption is filed within 2 years)

 There is a judicial finding that withdrawal of 

consent is in the best interests of the child.32 

 The birth parents and adoptive parents 

mutually agree to the withdrawal of consent.33

 An adoptive placement is not finalized with a 

specific family or within a specified period of 

time.34

Idaho requires a birth parent who revokes 

consent to reimburse the adoptive parents for 

any expenses they may have paid on behalf 

of the birth parent. In Michigan, consent may 

not be revoked if the child has been placed 

with an adoptive family unless an appeal of a 

termination of parental rights proceeding is 

pending. Virginia permits one or both parents 

in a direct placement to waive the 7-day 

revocation period at the time of consent if the 

child is at least 10 days old and the waiving 

parent has received independent legal counsel. 

Waiver by one parent does not affect the right 

of the other parent to the revocation period. 

In all jurisdictions, consent becomes final and 

irrevocable once the court issues a final decree 

of adoption.
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SUGGESTED CITATION: 

Child Welfare Information Gateway. (2021). 

Consent to adoption. U.S. Department of 

Health and Human Services, Administration 

for Children and Families, Children’s Bureau. 

https://www.childwelfare.gov/topics/

systemwide/laws-policies/statutes/consent/

This publication is a product of the State 

Statutes Series prepared by Child Welfare 

Information Gateway. While every attempt 

has been made to be as complete as 

possible, additional information on these 

topics may be in other sections of a State’s 

code as well as agency regulations, case 

law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. 

This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/consent/.

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau