Child Welfare Information Gateway

Children’s Bureau/ACYF/ACF/HHS

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

https://www.childwelfare.gov

Consent to Adoption

STATE 

STATUTES

Current Through 

April 2013

To find statute information for a 

particular State, go to

https://www.childwelfare.gov/ What Is Consent? systemwide/laws_policies/state/

Consent 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. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

State legislatures have developed a range of provisions 

designed to ensure protection for all involved individuals, 

including:

• Children (to prevent unnecessary and traumatic separations 

from their adult caregivers) 

• Birth parents (to prevent uninformed, hurried, or coerced 

decisions)1

• Adoptive parents (to allay anxiety about the legality of the 

adoption process) 

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 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, the child has 

1	 The term “birth parent” is used to distinguish “birth” from “adoptive” and other types

of parents and to reflect language in State statutes.

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 Information Gateway’s The Rights of Unmarried Fathers at https://www.

childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm. 

3	 To find information about which court has jurisdiction for adoption consent, see

Information Gateway’s Court Jurisdiction and Venue for Adoption Petitions at https://

www.childwelfare.gov/systemwide/laws_policies/statutes/jurisdiction.cfm.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

been abandoned, the parent has been convicted of specified 

crimes against the other parent or the child, the parent has 

failed to support or establish a significant relationship with the 

child, or the parent is 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 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 U.S. 

Virgin Islands require that older children give consent to their 

adoption.5

 Approximately 25 States, the District of Columbia, 

and the Virgin Islands set the age of consent at 14.6

 Nineteen 

States, American Samoa, and Guam require a child’s consent 

at age 12, while five States, the Northern Mariana Islands, and 

Puerto Rico require consent of children age 10.7

 In 11 States, the 

requirement can be dispensed with if the child lacks the mental 

capacity to consent.8

 In 16 States and the Northern Mariana 

Islands, the court, in its discretion, may dispense with consent 

4	 For	more	information,	see	Information	Gateway’s	Grounds for Involuntary Termination 

of Parental Rights	at	https://www.childwelfare.gov/systemwide/laws_policies/statutes/

groundtermin.cfm.

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	May	2013.	The	States	requiring	

consent	at	age	14	include	Alabama,	Delaware,	Georgia,	Illinois,	Indiana,	Iowa,	Kansas,	

Maine,	Michigan,	Minnesota,	Mississippi,	Missouri,	Nebraska,	Nevada,	New	Hampshire,	

New	Mexico,	New	York,	Oregon,	Rhode	Island,	South	Carolina,	Tennessee,	Vermont,	

Virginia,	Washington,	and	Wyoming.

7	 States	requiring	consent	at	age	12	include	Arizona,	Arkansas,	California,	Colorado,	

Connecticut,	Florida,	Idaho,	Kentucky,	Massachusetts,	Montana,	North	Carolina,	Ohio,	

Oklahoma,	Pennsylvania,	South	Dakota,	Texas,	Utah,	West	Virginia,	and	Wisconsin.	States	

requiring	consent	at	age	10	include	Alaska,	Hawaii,	Maryland,	New	Jersey,	and	North	

Dakota.		

8	 States	that	waive	consent	if	the	child	lacks	the	mental	capacity	to	consent	are	Alabama,	

Idaho,	Illinois,	Kansas,	Missouri,	Montana,	New	Jersey,	New	Mexico,	South	Carolina,	

Tennessee,	and	Utah.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

if it is in the best interests of the child.9 Colorado requires 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, the District of Columbia, and the 

Northern Mariana Islands specify in statute when a birth parent 

may execute consent to adoption.10 Sixteen States and the 

Northern Mariana Islands allow birth parents to consent at any 

time after the birth of the child.11 Approximately 14 States allow 

an alleged birth father to execute consent at any time before or 

after the child’s birth.12

Thirty States and the District of Columbia require a waiting 

period before consent can be executed. The shortest waiting 

periods among States that require waiting periods are 12 hours 

(in Kansas) and 24 hours (in Utah), and the longest is 15 days (in 

Rhode Island). The most common waiting period, required in 16 

States and the District of Columbia, is 72 hours, or 3 days.13

The waiting period in Vermont is 36 hours, and it is 48 hours in 

Connecticut, Florida, Missouri, Nebraska, New Mexico, Texas, 

and Washington. The waiting period for consent is the fourth 

day after the child’s birth in Massachusetts. Parents must wait 5 

days to consent in Louisiana (for private adoptions only) and in 

South Dakota. In California, in a direct placement, the mother 

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 and Washington impose a 10-day 

waiting period. 

9	 The court may dispense with consent from the child in Alaska, Arkansas, Delaware,

Florida, Hawaii, Kentucky, New Hampshire, New York, North Carolina, Ohio, Oklahoma,

South Carolina, Texas, Vermont, Virginia, and West Virginia.

10 Idaho, New York, Oregon, American Samoa, Guam, Puerto Rico, and the Virgin Islands

do not currently provide in statute for a specific timeframe for executing consent.

11 States that allow birth parents to consent any time after the child’s birth are Alaska,

Arkansas, California (for agency placements), Colorado, Delaware, Georgia, Indiana,

Maine, Maryland, Michigan, North Carolina, North Dakota, Oklahoma, South Carolina,

Wisconsin, and Wyoming.

12 Alabama, Delaware, Hawaii, Illinois, Indiana, Louisiana, Nevada, New Jersey, North

Carolina, Oklahoma, Pennsylvania, Texas, Utah, and Virginia allow fathers to consent

before or after the birth.

13 The waiting period is 72 hours in Arizona, Illinois, Iowa, Kentucky, Louisiana (for agency

adoptions only), Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey,

Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Only two States (Alabama 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.

How Consent 

Must Be 

Executed

The manner in which consent can be executed varies 

considerably. In many States, the District of Columbia, American 

Samoa, Guam, the Northern Mariana Islands, Puerto Rico, 

and the Virgin Islands, consent may be executed by a written 

statement witnessed and/or notarized by a notary public. Other 

States may require an appearance before a judge or the filing of 

a petition of relinquishment. Some States require the parent to 

be provided with 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. In cases in which custody has 

previously been placed with an agency, the head of the agency 

may sign an affidavit of consent.

In most States, a birth parent who is a minor is treated no 

differently than other birth parents. However, in some States, 

the minor parent must be provided with separate counsel prior 

to the execution of consent, or a guardian ad litem must be 

appointed to either review or execute the consent.14 In five 

States, Guam, and Puerto Rico, the consent of the minor’s 

parents must be obtained.15

Revocation of 

Consent

Adoption is meant to create a permanent and stable home for a 

child; therefore, a validly executed relinquishment and consent 

to adopt is intended to be final and irrevocable. As a result, 

the right of a birth parent to revoke consent is strictly limited. 

The territory of the U.S. Virgin Islands makes no provisions in 

statute for revocation of consent; 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 

14 Four States (Kansas, Maryland, Montana, and Vermont) require the appointment of

separate counsel. Six States (Alabama, Arkansas, Connecticut, Kentucky, Michigan, and

Rhode Island) require the appointment of a guardian ad litem.

15 Louisiana, Michigan, Minnesota, New Hampshire, and Rhode Island require consent

from the minor’s parents.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

under which withdrawal of consent may be permitted by a State 

can include the following:

• Consent was obtained by fraud, duress, or coercion.16

• The birth parent is allowed to withdraw consent within a 

specified period of time, after which consent is irrevocable.17

• 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.18

• 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.19

• There is a finding that withdrawal of consent is in the best 

interests of the child.20

• The birth parents and adoptive parents mutually agree to the 

withdrawal of consent.21

• An adoptive placement is not finalized with a specific family 

or within a specified period of time.22

16 Alabama, Arizona, Colorado (the claim must be filed within 90 days), Florida, Illinois

(the claim must be filed within 12 months), Kansas, Louisiana, New Hampshire, New

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

Oregon, Rhode Island (the claim must be filed within 180 days), South Carolina, South

Dakota (the claim must be filed within 2 years), Virginia, Washington (the claim must be

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

filed within 6 months), Wisconsin, Wyoming, and Puerto Rico.

17 Arkansas (10 days), California (30 days in a direct placement), Delaware (60 days),

Georgia (10 days), Kentucky (20 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).

18 California (2 years for an Indian child), Iowa (96 hours), Maine (3 days), Minnesota (10

days), North Carolina (7 days), Oklahoma (30 days), Pennsylvania (30 days), Tennessee (10

days), Texas (10 days), Vermont (21 days), and Virginia (15 days).

19 Alaska (10 days), New York (45 days for extrajudicial consents; judicial consents are

irrevocable), and Rhode Island (180 days).

20 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.

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

Virginia (request must be made within 15 days), and West Virginia.

22 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).
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Idaho requires a parent who revokes consent to reimburse the 

adoptive parents for any expenses they may have paid on his 

or her behalf. 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.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway in 

cooperation with the National Center for Adoption Law 

and Policy. 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.

Suggested Citation: 

Child Welfare Information Gateway. (2013). Consent to 

adoption. Washington, DC: U.S. Department of Health and 

Human Services, Children’s Bureau.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Alabama

Who Must Consent to an Adoption

Citation: Ala. Code §§ 26-10A-7; 26-10A-8

Consent shall be required of the following: 

• The mother

• The presumed father, regardless of paternity, if:

» He and the child’s mother are or have been married to each other and the child was born during the marriage or 

within 300 days after the marriage was terminated.

» Before the child’s birth, he and the child’s mother attempted to marry each other.

» After the child’s birth, he and the child’s mother married or attempted to marry each other, and with his knowledge 

or consent, he was named as the child’s father on the child’s birth certificate, he is obligated to support the child, or 

he received the child into his home and openly held out the child as his own child.

• The agency to which the child has been relinquished or holds permanent custody and has placed the child for 

adoption

• The putative father, if made known by the mother or is otherwise made known to the court, provided he complies with 

§ 26-10C-1 and responds to notice within 30 days

Prior to a minor parent giving consent, a guardian ad litem must be appointed to represent the interests of a minor parent 

whose consent is required.

A minor father may give implied consent by his actions. If a court finds by conclusive evidence that a minor father has given 

implied consent to the adoption, notice and the appointment of a guardian ad litem shall not be necessary.

A petition to adopt an adult may be granted only if written consent to adopt has been executed by the adult seeking to 

adopt and his or her spouse or by the guardian or conservator of the adult adopted person pursuant to the requirements of 

§§ 26-10A-6 and 26-10A-11. 

Consent of Child Being Adopted

Citation: Ala. Code § 26-10A-7

A child age 14 or older must consent to the adoption except where the court finds that the child does not have the mental 

capacity to consent. 

When Parental Consent Is Not Needed

Citation: Ala. Code §§ 26-10A-9; 26-10A-10

A required consent or relinquishment may be implied by any of the following acts of a parent:

• Abandonment of the child, including, but not limited to, the failure of the father, with reasonable knowledge of the 

pregnancy, to offer financial and/or emotional support for a period of 6 months prior to the birth

• Leaving the child without provision for his or her identification for a period of 30 days

• Knowingly leaving the child with others without provision for support and without communication, or not otherwise 

maintaining a significant parental relationship with the child for a period of 6 months

• Receiving notice of the adoption proceedings and failing to answer or otherwise respond to the petition within 30 

days

• Failing to comply with § 26-10C-1

The consent or relinquishment of the following persons shall not be required for an adoption:

• A parent whose rights with reference to the child have been terminated 

• A parent who has been adjudged incompetent or mentally incapable of consenting or relinquishing and whose mental 

disability is likely to continue for so long a period that it would be detrimental to the child to delay adoption until 

restoration of the parent’s competency or capacity

• A parent who has relinquished his or her minor child to the Department of Human Resources or a licensed childplacing agency for an adoption

• A deceased parent or one who is presumed to be deceased

• An alleged father who has signed a written statement denying paternity

• The natural father when the natural mother indicates the natural father is unknown, unless the natural father is 

otherwise made known to the court
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ala. Code § 26-10A-13

A consent or relinquishment may be taken at any time except, that once signed or confirmed, it may be withdrawn within 

5 days after birth or within 5 days after signing of the consent or relinquishment, whichever comes last. 

How Consent Must Be Executed

Citation: Ala. Code §§ 26-10A-11; 26-10A-12

A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state that the 

person executing the document is voluntarily and unequivocally consenting to the adoption of the named child.

A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of 

probate. At the time of taking the consent, the judge shall explain to the consenting parent the legal effect of signing the 

document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for 

withdrawing the consent in accordance with the requirements of §§ 26-10A-13 and 26-10A-14.

All other prebirth or postbirth consents or relinquishments shall be signed or confirmed before: 

• A judge or clerk of any court that has jurisdiction over adoption proceedings, or a public officer appointed by that 

judge for the purpose of taking consents

• A person appointed to take consents who is appointed by any agency that is authorized to conduct investigations 

or home studies, or, if the consent is taken out of State, by a person appointed to take consents by any agency 

that is authorized by that State’s law to conduct investigations and home studies for adoptions

• A notary public

A form for the consent or relinquishment or the withdrawal of the consent or relinquishment is provided in statute. 

The form for the consent or relinquishment or the withdrawal of consent or relinquishment for the adoption of an adult 

shall be developed by the Administrative Office of Courts. 

Revocation of Consent

Citation: Ala. Code §§ 26-10A-9; 26-10A-13; 26-10-14

Implied consent due to abandonment may not be withdrawn by any person.

The consent or relinquishment, once signed or confirmed, may not be withdrawn except:

• If the court finds that the withdrawal is reasonable under the circumstances and consistent with the best 

interests of the child within 14 days after the birth of the child or within 14 days after signing of the consent or 

relinquishment, whichever comes last

• At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, 

duress, mistake, or undue influence on the part of a petitioner or his or her agent or the agency to whom or for 

whose benefit it was given

» After 1 year from the date of final decree of adoption is entered, a consent or relinquishment may not be 

challenged on any ground except in cases where the child has been kidnapped.

• Upon dismissal of the adoption after a contested hearing as provided in § 26-10A-24 

Alaska

Who Must Consent to an Adoption

Citation: Alaska Stat. § 25.23.040

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

• The mother of the minor

• The father of the minor if the father was married to the mother at the time the minor was conceived or at any time 

after conception, the minor is the father’s child by adoption, or the father has otherwise legitimated the minor

• Any person lawfully entitled to custody of the minor or empowered to consent

• The court having jurisdiction to determine custody of the minor if the legal guardian or custodian of the person of 

the minor is not empowered to consent to the adoption

• The spouse of the minor to be adopted
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Consent of Child Being Adopted

Citation: Alaska Stat. § 25.23.040

A child age 10 or older must consent to the adoption unless, in the child’s best interests, the court dispenses with 

consent. 

When Parental Consent Is Not Needed

Citation: Alaska Stat. § 25.23.050

Consent to adoption is not required of:

• A parent who has abandoned a child for a period of at least 6 months

• A parent of a child in the custody of another if the parent, for a period of at least 1 year, has failed significantly 

without justifiable cause, including but not limited to indigence:

» To communicate meaningfully with the child

» To provide for the care and support of the child as required by law or judicial decree

• The father if the father’s consent is not required by § 25.23.040(a)(2)

• A parent who has relinquished the right to consent

• A parent whose parental rights have been terminated by order of the court 

• A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent

• A parent of the adopted person if the adopted person is age 18 or older

• A guardian or custodian who has failed to respond in writing to a request for consent for a period of 60 days or 

who, after examination of the guardian’s or custodian’s written reasons for withholding consent, is found by the 

court to be withholding consent unreasonably

• The spouse of the adopted person if the requirement of consent to the adoption is waived by the court by reason 

of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable 

withholding of consent

When Consent Can Be Executed

Citation: Alaska Stat. § 25.23.060

The required consent to adoption shall be executed at any time after the birth of the child. 

How Consent Must Be Executed

Citation: Alaska Stat. § 25.23.060

The required consent to adoption shall be executed in the presence of the court or a person authorized to take 

acknowledgments. The consent is not valid unless the consent form states that the person consenting to the adoption 

has the right to withdraw that consent as provided in § 25.23.070(b) and unless the person consenting to the adoption 

acknowledges receipt of a copy of the consent form.

The person giving consent shall state in the consent form whether the child is a member of an Indian Tribe or the 

biological child of a member of an Indian Tribe, so that the court may determine whether the provisions of the Indian 

Child Welfare Act of 1978 apply. 

Revocation of Consent

Citation: Alaska Stat. § 25.23.070

A consent to adoption may not be withdrawn after the entry of a decree of adoption.

A consent to adoption may be withdrawn before the entry of a decree of adoption, within 10 days after the consent is 

given, by delivering written notice to the person obtaining the consent. Consent may be withdrawn after the 10-day 

period if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the 

withdrawal, and the agency placing the child for adoption, that the withdrawal is in the best interests of the person to be 

adopted, and the court orders the withdrawal. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

American Samoa

Who Must Consent to an Adoption

Citation: Ann. Code §§ 45.0412(a); 45.0414(a)

Written consent must be executed by:

• The parent(s)

• A guardian appointed by the court

• The Department of Health or a child-placing agency

Consent of Child Being Adopted

Citation: Ann. Code § 45.0412(b)

Written consent to any proposed adoption shall be obtained from the child if he or she is age 12 or older. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 45.0401

Consent of the parent is not required when a court has terminated the parents’ rights upon determination that the child 

has been neglected. 

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Code § 45.0412(a)

Unless the placement is made by the court or in accordance with the law of another State or territory, written consent of 

the Department of Health, agency, or individual to the proposed adoption shall be filed with the petition to adopt. 

Revocation of Consent

Citation: Ann. Code § 45.0431

The final decree of adoption may not be attacked by reason of any jurisdictional or procedural defect after 2 years 

following the entry of the final decree. 

Arizona

Who Must Consent to an Adoption

Citation: Rev. Stat. § 8-106(A), (C)

The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from 

the following:

• The birth or adoptive mother

• The father if he:

» Was married to the mother at the time of conception

» Is the adoptive father 

» Has otherwise established paternity

• Any guardian of the child or agency that has been given the child to place for adoption

• The guardian of an adult parent if one has been appointed 

Minority of the parent does not affect competency to consent. 

Consent of Child Being Adopted

Citation: Rev. Stat. § 8-106(A)

A child age 12 or older must consent to the adoption in open court. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Rev. Stat. § 8-106(B), (J)

It is not necessary for a person to obtain consent to adopt from the following:

• An adult parent for whom a guardian is currently appointed

• A parent whose parental rights have been terminated by court order

• A parent who has previously consented to an agency’s or the division’s placement of the child for adoption

A potential father who fails to file a paternity action and who does not comply with all applicable service requirements 

within 30 days after completion of service of notice waives his right to be notified of any judicial hearing regarding the 

child’s adoption or the termination of parental rights, and his consent to the adoption or termination is not required. 

When Consent Can Be Executed

Citation: Rev. Stat. § 8-107(B)

Any consent given sooner than 72 hours after the birth of the child is invalid. 

How Consent Must Be Executed

Citation: Rev. Stat. § 8-107(A), (D), (G)

All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more 

credible witnesses who are at least age 18 and who subscribe their names in the presence of the person giving the 

consent or shall be acknowledged by the person giving consent before a notary public.

The consent shall designate either of the following:

• An agency or the division as authorized by the party giving the consent to place the child for adoption

• The particular person or persons authorized to adopt the child by the person giving the consent

A consent other than to any agency or the division that does not designate a particular person or persons, or that 

purports to permit a third person to locate or nominate an adoptive parent, is invalid. 

Revocation of Consent

Citation: Rev. Stat. § 8-106(D)

Consent is irrevocable unless obtained by fraud, duress, or undue influence. 

Arkansas

Who Must Consent to an Adoption

Citation: Ann. Code § 9-9-206

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

• The mother

• The father if he was married to the mother at the time the minor was conceived or at any time thereafter; the 

minor is his child by adoption; he has custody of the minor at the time the petition is filed; he has a written order 

granting him legal custody of the minor at the time the petition for adoption is filed; or he proves that a significant 

custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed

• Any person lawfully entitled to custody of the minor or empowered to consent

• The court having jurisdiction to determine custody of the minor if the legal guardian or custodian of the person of 

the minor is not empowered to consent to the adoption

• The spouse of the minor to be adopted

Consent of Child Being Adopted

Citation: Ann. Code § 9-9-206

A child age 12 or older must consent to the adoption unless, in the child’s best interests, the court dispenses with 

consent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Code § 9-9-207

Consent to adoption is not required of:

• A parent who has deserted a child without affording means of identification or who has abandoned a child

• A parent of a child in the custody of another if the parent has failed significantly and without justifiable cause to 

communicate with the child or to provide for the care and support of the child for at least 1 year 

• The father of a minor if the father’s consent is not required by § 9-9-206(a)(2)

• A parent who has relinquished the right to consent or whose rights have been terminated

• A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent

• Any parent of the adopted person if the adopted person is an adult

• Any legal guardian or custodian of the child, other than a parent, who has failed to respond in writing to a request 

for consent for a period of 60 days or who is found by the court to be withholding his or her consent unreasonably

• The spouse of the adopted person if the failure of the spouse to consent is excused by the court by reason 

of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable 

withholding of consent

• A putative father of a minor who signed an acknowledgment of paternity or is listed on the Putative Father 

Registry but who failed to establish a significant custodial, personal, or financial relationship with the juvenile prior 

to the time the petition for adoption is filed

When Consent Can Be Executed

Citation: Ann. Code § 9-9-208

Consent to adoption shall be executed any time after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Code § 9-9-208

The required consent to adoption shall be executed in the following manner:

• If by the adopted person, in the presence of the court

• If by an agency, by the executive head, or other authorized representative, in the presence of a person authorized 

to take acknowledgments

• If by any other person, in the presence of the court or in the presence of a person authorized to take 

acknowledgments

• If by a court, by appropriate order or certificate

A consent that does not identify the adopting parent is valid if the consent contains a statement by the person giving 

consent that the person voluntarily executed the consent irrespective of disclosure of the name or other identification of 

the adopting parent.

If the parent is a minor, the writing shall be signed by a court-ordered guardian ad litem who has been appointed by a 

judge of a court of record to appear on behalf of the minor parent for the purpose of executing consent. The signing 

shall be made in the presence of an authorized representative of the Arkansas licensed placement agency taking custody 

of the child, in the presence of a notary public, or in the presence and with the approval of a judge of a court of record of 

this State or any other State in which the minor was present at the time it was signed. 

Revocation of Consent

Citation: Ann. Code § 9-9-209

A consent to adoption cannot be withdrawn after the entry of a decree of adoption.

A consent to adopt may be withdrawn within 10 calendar days after it is signed or the child is born, whichever is later, 

by filing an affidavit with the probate clerk of the circuit court in the county designated by the consent as the county in 

which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed if 

there is no guardianship. If the 10-day period ends on a weekend or a legal holiday, the person may file the affidavit the 

next working day. No fee shall be charged for the filing of the affidavit.

The court may waive the 10-day period for filing a withdrawal of consent for agencies, minors over age 10 who 

consented to the adoption, or biological parents if a stepparent is adopting. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

California

Who Must Consent to an Adoption

Citation: Fam. Code §§ 8603; 8604; 8605

Consent is required from the following persons:

• The birth parents, if living

• The parent having custody if the other parent:

» Fails to communicate with and support the child 

» Fails to respond to notice of adoption

• The spouse of the adopting parent, if the adopting parent is married

Consent of Child Being Adopted

Citation: Fam. Code § 8602

A child age 12 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Fam. Code §§ 8604; 8606

The consent of a presumed father is not required for the child’s adoption unless he became a presumed father before 

the mother’s relinquishment, before consent becomes irrevocable, or before the mother’s parental rights have been 

terminated.

The consent of a noncustodial parent is not required if the parent willfully fails to communicate with and to pay for the 

care, support, and education of the child when able to do so for a period of 1 year. 

The consent of a birth parent is not necessary when the birth parent has:

• Been judicially deprived of the custody and control of the child

• Voluntarily surrendered the right to the custody and control of the child

• Deserted the child without provision for identification of the child

• Relinquished the child for adoption as provided in § 8700

• Relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction 

When Consent Can Be Executed

Citation: Fam. Code §§ 8801.3; 8700

In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the 

mother is required to be hospitalized longer than the child, consent may be given with verification of competency from 

her physician.

Relinquishment to an agency can take place any time after the birth of the child. 

How Consent Must Be Executed

Citation: Fam. Code §§ 8801.3; 8814; 8700; 8606.5

In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent 

who has advised the parents of their rights.

In an agency adoption, a form is signed before two witnesses and acknowledged before an official of the agency.

Consent to adoption given by an Indian child’s parent is not valid unless both of the following occur:

• The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.

• The judge certifies that the terms and consequences of the consent were fully explained in detail in English and 

were fully understood by the parent or that they were interpreted into a language that the parent understood.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Fam. Code §§ 8814.5; 8700; 8606.5

In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request 

the return of the child or sign a waiver of the right to revoke consent.

In an agency adoption, consent is final and may only be rescinded by mutual consent unless the birth parent has 

specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind. 

The parent of an Indian child may withdraw his or her consent to adoption for any reason and at any time prior to the 

entry of a final decree of adoption, and the child shall be returned to the parent.

After the entry of a final decree of adoption of an Indian child, the child’s parent may withdraw consent to the adoption 

upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. 

Upon a finding that such consent was obtained through fraud or duress, the court shall vacate that decree and return the 

child to the parent; however, no adoption that has been effective for at least 2 years may be invalidated unless otherwise 

permitted under State law. 

Colorado

Who Must Consent to an Adoption

Citation: Rev. Stat. § 19-5-207

When a child is placed for adoption by a county department of social services, a licensed child-placing agency, or an 

individual, that department, agency, or individual shall file with the petition to adopt its written and verified consent to 

that adoption. 

Consent of Child Being Adopted

Citation: Rev. Stat. §§ 19-5-103; 19-5-203

Written consent to any proposed adoption shall be obtained from the person to be adopted if that person is age 12 or 

older. Children must undergo counseling. 

When Parental Consent Is Not Needed

Citation: Rev. Stat. §§ 19-5-203; 19-3-604

Consent is not required when:

• The parent’s rights have been terminated due to the parent’s unfitness, as outlined in § 19-3-604.

• The parent has failed to provide support or has abandoned the child for 1 year.

When Consent Can Be Executed

Citation: Rev. Stat. §§ 19-5-104; 19-5-203

Consent may be executed any time after the birth of the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Rev. Stat. § 19-5-103

Any parent desiring to relinquish his or her child shall:

• Obtain counseling for himself or herself and the child from a county department of social services or from a 

licensed child-placing agency

• Petition the juvenile court upon a standardized form providing the name of both natural parents, if known; the 

name of the child, if named; the ages of all parties concerned; and the reasons relinquishment is desired

The petition shall be accompanied by a standardized affidavit of relinquishment counseling that includes:

• A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the 

recommendations of the counselor

• A copy of the original birth certificate

• A statement disclosing any and all payments, gifts, assistance, goods, or services received, promised, or offered to 

the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the 

source or sources of such payments, gifts, assistance, goods, or services

The petition for relinquishment also shall include:

• A statement indicating whether the child is an Indian child

• The identity of the Indian child’s Tribe, if the child is identified as an Indian child

Revocation of Consent

Citation: Rev. Stat. § 19-5-104(7)(a)

A relinquishment may be revoked only if, within 91 days after the entry of the relinquishment order, the relinquishing 

parent establishes by clear and convincing evidence that such relinquishment was obtained by fraud or duress.

The fact that the relinquishing parent or parents are minors shall in no way affect the validity of the final order of 

relinquishment. 

Connecticut

Who Must Consent to an Adoption

Citation: Gen. Stat. §§ 45a-724; 45a-715

The following persons may give a child in adoption:

• A statutory parent 

• Any parent of a minor child who agrees in writing with his or her spouse that the spouse shall adopt or join in the 

adoption of the child if that parent is:

» The surviving parent if the other parent has died

» The mother of a child born out of wedlock provided that there is a putative father who has been notified and 

the rights of the putative father have been terminated

» A former single person who adopted a child and thereafter married

» The sole guardian of the child if the parental rights, if any, of any person other than the parties to that 

agreement have been terminated

• Any parent of a minor child who agrees in writing with the other person who shares parental responsibility for the 

child that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other 

person other than the parties to that agreement have been terminated

• For any minor child who is free for adoption, the child’s guardian who agrees in writing with a relative that the 

relative shall adopt the child

A parent who is a minor shall have the right to consent to termination of parental rights, and that consent shall not be 

voidable by reason of that minority. A guardian ad litem shall be appointed by the court to ensure that the minor parent 

is giving an informed and voluntary consent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Consent of Child Being Adopted

Citation: Gen. Stat. § 45a-724

A child age 12 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Gen. Stat. § 45a-717(g)

Where no investigation and report has been requested, the court may petition for terminating parental rights and may 

appoint a guardian of the person of the child or, if the petitioner requests, the court may appoint a statutory parent, if it 

finds, upon clear and convincing evidence, that the termination is in the best interests of the child because the parent 

has:

• Abandoned the child by failing to maintain a reasonable degree of interest, concern, or responsibility for the 

welfare of the child

• Subjected the child to sexual molestation and exploitation, severe physical abuse, or a pattern of abuse

• Failed to establish an ongoing parent-child relationship with the child

• Been found by the court to have neglected the child in a prior proceeding, or whose child has been in the custody 

of the commissioner for at least 15 months and has failed to achieve such degree of personal rehabilitation as 

would encourage the belief that, within a reasonable time and considering the age and needs of the child, the 

parent could assume a responsible position in the life of the child

• Had his or her parental rights in regard to another child previously terminated 

• Killed through a deliberate, nonaccidental act another child of the parent or has requested, commanded, 

importuned, attempted, conspired, or solicited such killing or has committed an assault through a deliberate, 

nonaccidental act that resulted in serious bodily injury of another child of the parent

• Been convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the 

conception of a child

When Consent Can Be Executed

Citation: Gen. Stat. § 45a-715(d)

No consent to termination by a mother shall be executed within 48 hours immediately after the birth of her child. 

How Consent Must Be Executed

Citation: Gen. Stat. §§ 45a-715(e)-(f); 45a-717(f)

Consent to adoption is made by a petition for voluntary termination of parental rights. The petition shall be filed in the 

court of probate for the district in which the petitioner or the child resides or, in the case of a minor who is under the 

guardianship of any child care facility or child-placing agency, in the court of probate for the district in which the main 

office or any local office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the 

petition shall state whether there is a putative father to whom notice shall be given.

If any petitioner is a minor, the guardian ad litem must approve the petition in writing, before action by the court.

The court may approve a petition for termination of parental rights based on consent filed pursuant to this section 

terminating the parental rights and may appoint a guardian of the person of the child. If the petitioner requests, the court 

may appoint a statutory parent if it finds, upon clear and convincing evidence, that the termination is in the best interests 

of the child and the parent has voluntarily and knowingly consented to termination of the parent’s parental rights with 

respect to the child. 

Revocation of Consent

Citation: Gen. Stat. § 45a-719

The court may grant a motion to open or set aside a judgment terminating parental rights or may grant a petition for a 

new trial on the issue of the termination of parental rights provided the court shall consider the best interests of the child. 

No such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such 

motion or petition. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Delaware

Who Must Consent to an Adoption

Citation: Ann. Code Tit. 13, §§ 908

The consent to the adoption shall be granted by the department or by the licensed or authorized agency in whom the 

parental rights are vested.

In the case of an adoption by a stepparent or blood relative, the consent to the adoption shall be granted by the mother 

of the child and the birth father and any presumed father of the child.

If the individual with the right to consent is under age 18, this fact shall not be a bar to the giving of consent nor render 

the consent invalid. 

Consent of Child Being Adopted

Citation: Ann. Code Tit. 13, § 907

A child age 14 or older must provide written consent unless the court finds it in the child’s best interests to waive 

consent. 

When Parental Consent Is Not Needed

Citation: Ann. Code Tit. 13, § 1103(a)

The parent’s consent is not required when his or her parental rights have been involuntarily terminated, it appears to be 

in the child’s best interests, and one or more of the following grounds exist:

• The parent has abandoned the child.

• The parent is unable to discharge parental duties due to mental incompetence.

• The parent has been convicted of a felony in which a child has been harmed or endangered.

• The parent is unable or has failed to plan adequately for the child’s needs.

• Parental rights over a sibling of the child have been involuntarily terminated.

• The parent has subjected a child to torture, chronic abuse, sexual abuse, and/or life threatening abuse.

• A child has suffered unexplained serious physical injury, near death, or death that resulted from the intentional or 

reckless conduct or willful neglect of the parent.

When Consent Can Be Executed

Citation: Ann. Code Tit. 13, § 1106(c)

A mother whose consent to the termination of parental rights is required may execute a consent only after the child is 

born. Consent by the father or presumed father may be executed either before or after the child is born. 

How Consent Must Be Executed

Citation: Ann. Code Tit. 13, §§ 907; 1106(c)

A petition for adoption shall contain a consent to the proposed adoption. The consent shall be in writing, notarized, 

and attached to the petition as an exhibit. If consent is obtained or given outside this State, it must be executed in 

accordance with this section and § 908 of this title.

A consent executed by a parent or guardian must be signed or confirmed in the presence of:

• A judge of a court of record

• An individual designated by a judge to take consents

• An employee designated by an agency to take consents

• A lawyer other than a lawyer who is representing an adoptive parent or the agency to which parental rights will be 

transferred

• A commissioned officer on active duty in the military service of the United States if the individual executing the 

consent is in military service

• An officer of the foreign service or a consular officer of the United States in another country if the individual 

executing the consent is in that country
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code Tit. 13, § 909

In any case in which consent has been given in accordance with the provisions of § 907 of this title and the person, 

department, licensed agency, authorized agency, or child over age 14 giving the consent desires to withdraw the 

consent, he or she shall file, within 60 days from the date of the filing of the adoption petition containing the consent, a 

petition asking the court to revoke his or her consent and dismiss the adoption petition. The family court shall refer the 

petition to revoke and dismiss to the department or licensed agency, and the department or licensed agency shall, within 

30 days, make a formal report to the court. Promptly upon receipt of the report, the court shall rule upon the petition. 

District of Columbia

Who Must Consent to an Adoption

Citation: Ann. Code § 16-304

Consent to a proposed adoption of a person under age 18 is necessary from:

• Both parents, if they are both alive

• The living parent, if one of the parents is dead

• The court-appointed guardian of the prospective adopted person

• A licensed child-placing agency or the Mayor, if the parental rights of the parent or parents have been terminated 

by a court of competent jurisdiction or by a release of parental rights to the Mayor or licensed child-placing 

agency

• The Mayor, in any situation not otherwise provided for by this subsection

Minority of a natural parent is not a bar to that parent’s consent to adoption.

Consent of Child Being Adopted

Citation: Ann. Code § 16-304

Consent to a proposed adoption is necessary from the prospective adopted person if he or she is age 14 or older. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 16-304

When a parent whose consent is required, after such notice as the court directs, cannot be located or has abandoned the 

prospective adopted person and voluntarily failed to contribute to his or her support for a period of at least 6 months 

next preceding the date of the filing of the petition, the consent of that parent is not required.

The court may grant a petition for adoption without any of the consents specified above when the court finds, after a 

hearing, that the consent or consents are withheld contrary to the best interests of the child. 

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Code §§ 16-304(a); 4-1406(f)

A petition for adoption may not be granted by the court unless there is filed with the petition a written statement of 

consent, signed and acknowledged before an officer authorized by law to take acknowledgments, a representative of a 

licensed child-placing agency, or the Mayor, or unless a relinquishment of parental rights with respect to the prospective 

adopted person has been recorded and filed as provided by § 4-1406.

Except in proceedings for adoption, no parent may voluntarily assign or otherwise transfer to another his or her rights 

and duties with respect to the permanent care and control of a child under age 16 unless such relinquishment of parental 

rights is made to a licensed child-placing agency. Such relinquishment of parental rights shall be a statement in writing 

signed by the person relinquishing such parental rights who shall subscribe his or her name thereto and acknowledge the 

same before a representative of the licensed child-placing agency in the presence of at least one witness.

Each transfer or relinquishment of parental rights and any revocation of said relinquishment shall be recorded and filed 

by the child-placing agency in a properly sealed file in the Family Division of the Superior Court within 20 days after 

the expiration of the revocation period. Any subsequent relinquishment shall be filed by the child-placing agency in a 

properly sealed file in the Family Division of the Superior Court within 30 days after the date of relinquishment. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code § 4-1406(c)-(d)

Any relinquishment of parental rights executed by a single natural parent or by both natural parents, other than by court 

order as provided in this subsection, may be automatically revoked by a verified writing executed by the single parent 

or both parents, respectively, and submitted to the agency within 14 calendar days of executing a legal relinquishment. 

Where both natural parents execute a relinquishment of parental rights, other than by court order, either parent may 

automatically revoke his or her relinquishment of parental rights by executing a verified writing submitted to the 

agency within 14 calendar days of executing the relinquishment. The rights of the parent not seeking custody shall be 

terminated, and the parent shall not have the power to obstruct the revocation. No relinquishment of parental rights shall 

be considered final until the revocation period has expired with no revocation having been made by the natural parent. 

Automatic revocation of relinquishment can be exercised only once.

A waiting period of 30 days from the date of revocation of the first relinquishment shall expire before a second 

relinquishment can be executed. A relinquishment, if exercised a second time, shall be irrevocable unless an additional 

right to revoke is granted by court order upon a finding that the relinquishment was not given voluntarily, e.g., the 

relinquishment was induced by fraud, coercion, material mistake, or other factors that bear on a determination of 

voluntariness. 

Florida

Who Must Consent to an Adoption

Citation: Ann. Stat. § 63.062

A petition to terminate parental rights pending adoption may be granted only if written consent has been executed by:

• The mother of the minor

• The father of the minor, if:

» The minor was conceived or born while the father was married to the mother.

» The minor is his child by adoption.

» The minor has been established by court proceeding to be his child.

» He has filed an affidavit of paternity.

» In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a 

competent witness, that he is the father of the minor and has filed such acknowledgment with the Office of 

Vital Statistics of the Department of Health within the required timeframes.

• Any person lawfully entitled to custody of the minor, if required by the court

• The court having jurisdiction to determine custody of the minor, if the person having physical custody of the minor 

does not have authority to consent to the adoption

If parental rights to the minor have previously been terminated, the adoption entity with which the minor has been 

placed for subsequent adoption may provide consent to the adoption. In that case, no other consent is required. 

A petition to adopt an adult may be granted if written consent to adoption has been executed by the adult and the 

adult’s spouse, if any. 

Consent of Child Being Adopted

Citation: Ann. Stat. § 63.062(1)(c)

A child age 12 or older must consent unless the court determines it is in the child’s best interests to dispense with 

consent.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 63.064

The court may waive the consent of the following individuals to an adoption:

• A parent who has deserted a child without means of identification or who has abandoned a child

• A parent whose parental rights have been terminated by order of a court of competent jurisdiction

• A parent who has been judicially declared incompetent and for whom restoration of competency is medically 

improbable

• A legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond 

in writing to a request for consent for a period of 60 days or who, after examination of his or her written reasons 

for withholding consent, is found by the court to be withholding his or her consent unreasonably

• The spouse of the adopted person if the failure of the spouse to consent to the adoption is excused by reason 

of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to 

constitute unreasonable withholding of consent

When Consent Can Be Executed

Citation: Ann. Stat. § 63.082

An affidavit of nonpaternity may be executed before the birth of the minor; however, the consent to an adoption shall 

not be executed before the birth of the minor except in a preplanned adoption pursuant to § 63.213.

A consent to the adoption of a minor shall not be executed by the birth mother sooner than 48 hours after the minor’s 

birth or the day the birth mother has been notified in writing that she is fit to be released from the hospital or birth 

center, whichever is earlier.

A consent by a birth father or legal father may be executed at any time after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Stat. § 63.082

Consent to an adoption or an affidavit of nonpaternity shall be executed as follows:

• If by the adopted person, by oral or written statement in the presence of the court or by being acknowledged 

before a notary public and in the presence of two witnesses

• If by an agency, by affidavit from its authorized representative 

• If by any other person, in the presence of the court or by affidavit acknowledged before a notary public and in the 

presence of two witnesses

• If by a court, by an appropriate order or certificate of the court

A minor parent has the power to consent to the adoption of his or her child and has the power to relinquish his or her 

control or custody of the child to an adoption entity. Such consent or relinquishment is valid and has the same force 

and effect as a consent or relinquishment executed by an adult parent. A minor parent, having executed a consent or 

relinquishment, may not revoke that consent upon reaching the age of majority or otherwise becoming emancipated.

A consent or an affidavit of nonpaternity executed by a minor parent who is age 14 or younger must be witnessed by a 

parent, legal guardian, or court-appointed guardian ad litem.

The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be 

acknowledged before a notary public who is not signing as one of the witnesses. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Stat. § 63.082

A consent to adoption executed by the mother within 48 hours of the child’s birth is valid upon execution and may be 

withdrawn only if the court finds that it was obtained by fraud or duress.

When the minor to be adopted is older than age 6 months at the time of the execution of the consent, the consent to 

adoption is valid upon execution; however, it is subject to a 3-day revocation period.

If person seeking to withdraw consent claims to be the father of the minor but has not been established to be the father 

by marriage, court order, or scientific testing, the court may order scientific paternity testing and reserve ruling on 

removal of the minor until the results of such testing have been filed with the court.

Following the revocation period for withdrawal of consent or the placement of the child with the prospective adoptive 

parents, whichever occurs later, consent may be withdrawn only when the court finds that the consent was obtained by 

fraud or duress.

An affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress. 

Georgia

Who Must Consent to an Adoption

Citation: Ann. Code § 19-8-4(a)

A child who has any living parent or guardian may be adopted through the Department of Human Services or any childplacing agency only if each such parent and each such guardian:

• Has voluntarily and in writing surrendered all of his or her rights to the child to the department or to a childplacing agency and the department or agency thereafter consents to the adoption

• Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child has 

been committed by the court to the department or to a child-placing agency for placement for adoption, and the 

department or agency thereafter consents to the adoption

Consent of Child Being Adopted

Citation: Ann. Code § 19-8-4(b)

In the case of a child age 14 or older, the written consent of the child to his adoption must be given and acknowledged 

in the presence of the court. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 19-8-10 

Surrender or termination of rights of a parent shall not be required as a prerequisite to the filing of a petition for 

adoption of a child of that parent when the court determines by clear and convincing evidence that the parent:

• Has abandoned the child 

• Cannot be found after a diligent search has been made

• Is insane or otherwise incapacitated from surrendering such rights

• Has failed to exercise proper parental care or control due to misconduct or inability

Surrender of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child 

of that parent if that parent, for a period of 1 year or longer immediately prior to the filing of the petition for adoption, 

without justifiable cause, has significantly failed: 

• To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, 

parental manner

• To provide for the care and support of that child as required by law or judicial decree, and the court is of the 

opinion that the adoption is for the best interests of that child
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ann. Code § 19-8-5

Consent may be executed any time after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Code §§ 19-8-4; 19-8-5

The surrender to the department or to a child-placing agency specified in this Code section shall be executed in the 

presence of a representative of the department or the agency and a notary. A copy shall be delivered to the individual 

signing the surrender at the time of the execution thereof.

The surrender of a child to be adopted by a third party who is neither the stepparent nor relative of that child shall be 

executed in the presence of a notary.

A form for the affidavit of surrender can be found in § 19-8-26. 

Revocation of Consent

Citation: Ann. Code § 19-8-9(b)

A person signing a surrender shall have the right to withdraw the surrender by written notice delivered in person or 

mailed by registered mail or statutory overnight delivery within 10 days after signing. After 10 days, a surrender may not 

be withdrawn. 

The surrender document is not valid unless it states the right of withdrawal. 

Guam

Who Must Consent to an Adoption

Citation: Ann. Code Tit. 19, § 4206

Where a petition is filed by a relative of the child within the second degree either by blood or affinity, no adoption of that 

child may be ordered unless the written consent to the adoption of the child by the petitioner is given by each parent of 

the child or, if there is no parent, by the guardian of the child’s person. A minor parent may consent to an adoption, but 

his or her consent shall be effective only when concurred by his or her parents or guardian.

Where a petition is filed by any other person, no adoption of a child may be ordered unless the written consent to the 

adoption of that child by the petitioner is given by the child’s guardian. 

Consent of Child Being Adopted

Citation: Ann. Code Tit. 19, § 4206

A child age 12 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Ann. Code Tit. 19, § 4206(b)

Where the consent of a guardian of the child’s person is required, the court may dispense with such consent only if it 

finds that the withholding of that consent is arbitrary and capricious. 

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Code Tit. 19, §§ 4206(b); 4207

Consents shall be acknowledged before a notary public and witnessed by a representative of the court.

Written consent shall be attached to the adoption petition. In the case of a consent by a guardian, the guardian shall file 

directly with the court satisfactory evidence of his or her authority to consent.

Where the parent-child relationship has been terminated by judicial decree, a certified copy of the termination decree 

shall be filed directly with the court by the guardian of the child’s person. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code Tit. 19, § 4208

Withdrawal of any consent for adoption shall not be permitted except when the court finds that withdrawal will be in the 

best interests of the child. The entry of an order of adoption renders any consent irrevocable. 

Hawaii

Who Must Consent to an Adoption

Citation: Rev. Stat. § 578-2(a)

Written consent to a proposed adoption must be executed by:

• The mother of the child

• A legal father 

• An adjudicated father whose relationship to the child has been determined by a court

• A presumed father

• A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a 

reasonable degree of interest, concern, or responsibility as to the welfare of a child:

» During the first 30 days after the child’s birth

» Prior to the execution of a valid consent by the mother of the child

» Prior to the placement of the child with adoptive parents

• Any person or agency having legal custody of the child or legally empowered to consent

• The court having jurisdiction of the custody of the child if the legal guardian or legal custodian of the person of 

the child is not empowered to consent to adoption

A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the 

adult’s spouse, if the adult is married. 

Consent of Child Being Adopted

Citation: Rev. Stat. § 578-2(a)(8)

A child age 10 or older must consent unless the court, in the child’s best interests, dispenses with the need for the child 

to consent. 

When Parental Consent Is Not Needed

Citation: Rev. Stat. § 578-2

Consent is not required from the following:

• A parent who has deserted a child for a period of 90 days without affording means of identification 

• A parent who has voluntarily surrendered the care and custody of the child to another for a period of 2 years

• A parent whose child is in the custody of another, who has failed for a period of at least 1year to communicate 

with the child or provide for the care and support of the child when able to do so

• A natural father who was not married to the child’s mother at the time of the child’s conception or birth and has 

not established paternity

• A parent whose parental rights have been judicially terminated

• A parent judicially declared mentally ill, mentally retarded, or incapacitated from giving consent

• Any legal guardian or custodian who is found by the court to be withholding consent unreasonably

• A parent of a child who has been in the custody of a petitioner for at least 1 year and who entered the United 

States as a consequence of extraordinary circumstances in the child’s country of origin, by reason of which the 

existence, identity, or whereabouts of the child’s parents is not reasonably ascertainable or there is no reasonable 

means of obtaining suitable evidence of the child’s identity or availability for adoption

• Any parent of the adopted person if the adopted person is an adult eligible for adoption under this section

• A parent whose parental and custodial duties and rights have been divested by an award of permanent custody 

pursuant to § 587A-33 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Rev. Stat. § 571-61

The petition [for relinquishment] may be filed at any time following the mother’s sixth month of pregnancy. No judgment 

may be entered upon a petition concerning an unborn child until after the birth of the child and the petitioners have filed 

a written reaffirmation of their desires to relinquish and the petitioners have been given not less than 10-days’ notice of a 

proposal for the entry of judgment and an opportunity to be heard in connection with that proposal. 

How Consent Must Be Executed

Citation: Rev. Stat. § 571-61

The parents or either parent or the surviving parent who desire to relinquish parental rights to any natural or adopted 

child and thus make the child available for adoption or readoption may petition the family court of the circuit in 

which they or he or she resides, or of the circuit in which the child resides or was born, for the entry of a judgment of 

termination of parental rights. 

Revocation of Consent

Citation: Rev. Stat. § 578-2(f)

Consent cannot be withdrawn after the child is placed with prospective adoptive parents unless the court finds it would 

be in the child’s best interests. 

Idaho

Who Must Consent to an Adoption

Citation: Ann. Stat. § 16-1504

Consent to adoption is required from:

• Both parents or the surviving parent of a child who was conceived or born within a marriage unless the child is age 

18 or older

• The mother of a child born outside of marriage

• Any birth parent who has been adjudicated to be the child’s birth father by a court of competent jurisdiction prior 

to the mother’s execution of consent

• An unmarried birth father who has established paternity of the child

• Any legally appointed custodian or guardian of the child

• The guardian or conservator of an incapacitated adult, if one has been appointed

• The adopted person’s spouse, if any

• The father of an illegitimate child who has adopted the child by acknowledgment

A minor parent has the power to consent to the adoption of his or her child. That consent is valid and has the same force 

and effect as consent executed by an adult parent. 

Consent of Child Being Adopted

Citation: Ann. Stat. § 16-1504

A child age 12 or older must consent to the adoption unless he or she lacks the mental capacity to consent. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 16-1504

No consent shall be required of, nor notice given to, any person whose parental relationship to that child has been 

terminated. 

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ann. Stat. § 16-1506

Consent must be executed before any authorized officer, district judge, or magistrate, on a form found in the Idaho 

Code. 

Revocation of Consent

Citation: Ann. Stat. § 16-1515

If the parent revokes consent and petitions for custody of the child, the parent must reimburse the adoptive parents for 

expenses paid. 

Illinois

Who Must Consent to an Adoption

Citation: Cons. Stat. Ch. 750, § 50/8(b)

Consent is required of the following persons:

• The mother 

• The father if the father:

» Was married to the mother on the date of birth of the child or within 300 days before the birth of the child

» Is the father by adoption, an order of parentage, or an acknowledgment of parentage or paternity

» Openly lived with the child, the child’s birth mother, or both, and held himself out to be the child’s birth father 

during the first 30 days following the birth of the child

» Made a good-faith effort to pay a reasonable amount of the expenses related to the birth of the child and to 

provide a reasonable amount for the financial support of the child

» Has maintained substantial and continuous or repeated contact with the child

» Has registered in a timely manner with the Putative Father Registry

• The legal guardian of the person of the child if there is no surviving parent

• An agency if the child has been surrendered for adoption to such agency

• Any person or agency having legal custody of a child by court order if the parental rights of the parents have been 

terminated

Consent of Child Being Adopted

Citation: Comp. Stat. Ch. 750, § 50/12

A child age 14 or older must consent. The court may waive consent if the child is in need of mental treatment or is 

intellectually disabled. 

When Parental Consent Is Not Needed

Citation: Comp. Stat. Ch. 750, § 50/8(a)

Consent is not required when the person whose consent or surrender would otherwise be required shall be found by the 

court:

• To be an unfit person

• Not to be the birth or adoptive father of the child

• To have waived his or her parental rights to the child 

• To be the parent of an adult sought to be adopted

• To be the father of the child as a result of criminal sexual abuse or assault 

• To be the father of a child who:

» Is a family member of the mother of the child, and the mother is under age of 18 at the time of the child’s 

conception 

» Is at least 5 years older than the child’s mother, and the mother was under age 17 at the time of the child’s 

conception, unless the mother and father voluntarily acknowledge the father’s paternity of the child by 

marrying or by establishing the father’s paternity
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Comp. Stat. Ch. 750, § 50/9

The mother’s consent shall not be taken less than 72 hours after the child’s birth. A father may consent before or after the 

birth of the child.

Consent may be given to a standby adoption by a terminally ill parent, to become effective when the parent dies or 

requests finalization. 

How Consent Must Be Executed

Citation: Comp. Stat. Ch. 750, §§ 50/8; 50/10

The execution and verification of the petition by any petitioner who is also a parent of the child sought to be adopted 

shall be sufficient evidence of that parent’s consent to the adoption.

Consent to an agency may be taken by an agency representative. In a direct placement, consent is acknowledged in 

court unless the court waives the appearance.

If the person signing a consent is in the military service of the United States, the consent may be acknowledged before 

a commissioned officer, and the signature of that officer on the certificate shall be verified or acknowledged before a 

notary public. 

Forms to be used are contained in the statute.

Revocation of Consent

Citation: Comp. Stat. Ch. 750, §§ 50/11; 50/9

A consent to adoption by a parent, including a minor, shall be irrevocable unless it was obtained by fraud or duress. No 

action to void or revoke a consent, including an action based on fraud or duress, may be commenced after 12 months 

from the date the consent was executed. 

The consent or surrender of a parent who is a minor shall not be voidable because of such minority.

If the father consents before the birth of the child, that consent may be revoked within 72 hours after the birth. 

Indiana

Who Must Consent to an Adoption

Citation: Ann. Code § 31-19-9-1

Written consent to adoption must be executed by the following:

• Each living parent of a child born in wedlock

• The mother of a child born out of wedlock and the father of a child who has established paternity

• Each person, agency, or county Office of Family and Children having lawful custody of the child 

• The court having jurisdiction of the custody of the child if the legal guardian or custodian of the person of the 

child is not empowered to consent to the adoption

• The spouse of the child to be adopted, if the child is married

A parent who is under age 18 may consent to an adoption without the concurrence of the individual’s parents or 

guardian unless the court, in the court’s discretion, determines that it is in the best interests of the child to be adopted to 

require the concurrence. 

Consent of Child Being Adopted

Citation: Ann. Code § 31-19-9-1

A child age 14 or older must consent to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Code §§ 31-19-9-8 to 31-19-9-10

Consent is not required from any of the following:

• A parent who is adjudged to have abandoned the child for at least 6 months immediately prior to filing of the 

petition

• A parent of a child in the custody of another person who fails for a period of at least 1 year to communicate 

significantly or provide for the care and support of the child when able to do so

• A birth father of a child born out of wedlock who has not established paternity 

• A birth father of a child born out of wedlock whose child was conceived as a result of rape, child molesting, sexual 

misconduct with a minor, or incest

• A putative father whose consent to adoption is irrevocably implied, who established paternity after an adoption 

petition was filed, or who failed to register with the putative father registry

• A parent who has relinquished the right to consent or whose rights have been terminated

• A parent judicially declared incompetent or mentally defective

• A legal guardian who has unreasonably failed to consent to the adoption

• A parent who has been found to be unfit

• A birth father who had denied paternity before or after the birth of the child 

Consent to adoption is not required from a parent if the parent is convicted of committing any of the crimes listed below 

and the victim is the child’s other parent: 

• Murder, causing suicide, or voluntary manslaughter

• An attempt to commit a crime described above

• A crime in another State that is substantially similar to a crime described above

Consent to adoption is not required from a parent if the parent is convicted of any of the following and the victim is 

another child of the parent:

• Murder, causing suicide, or voluntary manslaughter 

• Rape, criminal deviate conduct, child molesting, or incest

• Neglect of a dependent or battery

• An attempt to commit any of the above

When Consent Can Be Executed

Citation: Ann. Code § 31-19-9-2

The consent to adoption may be executed at any time after the birth of the child. The child’s mother may not execute a 

consent to adoption before the birth of the child.

The child’s father may execute a consent to adoption before the birth of the child if the consent to adoption:

• Is in writing

• Is signed by the child’s father in the presence of a notary public

• Contains an acknowledgment that the consent to adoption is irrevocable and the child’s father will not receive 

notice of the adoption proceedings

How Consent Must Be Executed

Citation: Ann. Code § 31-19-9-2

The consent to adoption may be executed either in the presence of:

• The court

• A notary public or other person authorized to take acknowledgments

• An authorized agent of the department, a county office of family and children, or a licensed child-placing agency
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code §§ 31-19-9-2(d); 31-19-10-3; 31-19-10-4

A child’s father who consents to the adoption of the child prior to the child’s birth may not challenge or contest the 

child’s adoption.

A consent to adoption may be withdrawn no later than 30 days after consent to adoption is signed, if the court finds that 

the person seeking the withdrawal is acting in the best interests of the child. 

A consent to adoption may not be withdrawn after the entry of the adoption decree. 

Iowa

Who Must Consent to an Adoption

Citation: Ann. Stat. § 600.7

The following persons must consent to an adoption:

• Any guardian

• The spouse of a petitioner who is a stepparent

• The spouse of a petitioner who is separately petitioning to adopt an adult person

Consent of Child Being Adopted

Citation: Ann. Stat. § 600.7

A child age 14 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. §§ 600.7; 600A.8

Consent may be unnecessary if:

• Any person required to consent refuses to or cannot be located.

• A parent has signed a release of custody and the release has not been revoked.

• A parent has petitioned for termination of parental rights.

• The parent has abandoned the child. 

• A parent has been ordered to contribute to the support of the child or financially aid in the child’s birth and has 

failed to do so without good cause.

• A parent does not object to the termination after having been given proper notice and the opportunity to object.

• A parent does not object to the termination, although every reasonable effort has been made to identify, locate, 

and give notice to that parent.

• An adoptive parent requests termination of parental rights and the parent-child relationship based upon a 

showing that the adoption was fraudulently induced.

• The parent has been determined to be a chronic substance abuser and the parent has committed a second or 

subsequent domestic abuse assault.

• The parent has abducted the child, has improperly removed the child from the physical custody of the person 

entitled to custody without the consent of that person, or has improperly retained the child after a visit or other 

temporary relinquishment of physical custody.

• The parent has been imprisoned for a crime against the child, the child’s sibling, or another child in the household, 

or the parent has been imprisoned and it is unlikely that the parent will be released from prison for a period of 5 

or more years.

• The parent has been convicted of a felony offense that is a criminal offense against a minor, the parent is 

divorced from or was never married to the minor’s other parent, and the parent is serving a minimum sentence of 

confinement of at least 5 years for that offense.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ann. Stat. § 600A.4(2)(g)

Parental release of custody may not be executed until at least 72 hours after the child’s birth.

How Consent Must Be Executed

Citation: Ann. Stat. §§ 600.7; 600A.4

A consent to the adoption shall be in writing, shall name the child and the petitioner, shall be signed by the person 

consenting, and shall be made in the following manner:

• Any minor adopted person who is age 14 or older, in the presence of the juvenile court or court in which the 

adoption petition is filed

• By any other person, either in the presence of the court or before a notary public

A release of custody shall:

• Be accepted only by an agency or a person making an independent placement

• Not be accepted by a person who in any way intends to adopt the child 

• Be in writing

• Contain the written acknowledgment from the birth parents that 3 hours of counseling have been offered to the 

birth parents to take place after the birth of the child

• Be witnessed by two persons familiar with the parent-child relationship

• Name the person accepting the release

• Be followed, within a reasonable time, by the filing of a petition for termination of parental rights under § 600A.5

Revocation of Consent

Citation: Ann. Stat. §§ 600.7; 600A.4

A consent to the adoption may be withdrawn prior to the issuance of an adoption decree by the filing of an affidavit of 

consent withdrawal with the court. 

Either a parent who has signed a release of custody or a nonsigning parent may, at any time prior to the entry of an order 

terminating parental rights, request the court to order the revocation of any release of custody previously executed by 

either parent.

If such request is by a signing parent, and is within 96 hours of the time such parent signed a release of custody, the 

court shall order the release revoked. Otherwise, the juvenile court shall order the release or releases revoked only upon 

clear and convincing evidence that good cause exists for revocation.

Good cause for revocation includes but is not limited to a showing that the release was obtained by fraud, coercion, 

or misrepresentation of law or fact that was material to its execution. In determining whether good cause exists for 

revocation, the juvenile court shall give paramount consideration to the best interests of the child, including avoidance of 

a disruption of an existing relationship between a parent and child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Kansas

Who Must Consent to an Adoption

Citation: Ann. Stat. §§ 59-2129; 59-2136(d)

Consent to an independent adoption shall be given by:

• The living parents of the child

• One of the parents of the child if the other’s consent is found unnecessary under § 59-2136

• The legal guardian of the child if both parents are dead or if their consent is found to be unnecessary

• The court entering an order under § 38-2270

• The judge of any court having jurisdiction over the child pursuant to the code for care of children if parental rights 

have not been terminated

Consent to an agency adoption shall be given by the authorized representative of the agency having authority to 

consent to the adoption of the child. 

In a stepparent adoption, if a mother consents to the adoption of a child who has a presumed father or a father for whom 

the child is a legitimate child, the consent of such father must be given to the adoption unless such father has failed or 

refused to assume the duties of a parent for 2 consecutive years immediately prior to the filing of the adoption petition 

or is incapable of giving such consent.

Consent of Child Being Adopted

Citation: Ann. Stat. § 59-2129

Consent to adoption shall be given by the child sought to be adopted if the child is over age 14 and of sound intellect. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 59-2136(d), (h)

If a mother desires to consent to the adoption of her child, a petition shall be filed in the district court to terminate the 

parental rights of the father unless the father’s relationship to the child has been previously terminated or determined not 

to exist by a court. 

The court may terminate the father’s parental rights upon a finding, by clear and convincing evidence, of any of the 

following:

• The father abandoned or neglected the child after having knowledge of the child’s birth.

• The father is unfit as a parent or incapable of giving consent.

• The father has made no reasonable efforts to support or communicate with the child. 

• The father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the 

mother during the 6 months prior to the child’s birth.

• The father abandoned the mother after having knowledge of the pregnancy.

• The birth of the child was the result of rape of the mother.

• The father has failed or refused to assume the duties of a parent for 2 consecutive years immediately prior to the 

filing of the petition.

In making a finding whether parental rights shall be terminated, the court may:

• Consider and weigh the best interests of the child

• Disregard incidental visitations, contacts, communications, or contributions

As far as is applicable, the provisions also apply to the mother. 

When Consent Can Be Executed

Citation: Ann. Stat. §§ 59-2114; 59-2116

A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any 

consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final 

decree of adoption.

Consent in all cases shall have been executed not more than 6 months prior to the date the petition for adoption is filed.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ann. Stat. §§ 59-2114; 59-2115

Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized 

by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of 

the court to advise the consenting person of the consequences of the consent. 

Minority of a parent shall not invalidate a parent’s consent except that a minor parent shall have the advice of 

independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing 

independent legal advice to the minor parent shall be present at the execution of the consent. Unless the minor parent 

is otherwise represented by independent legal counsel, the petitioner or child-placing agency shall provide independent 

legal counsel to the minor parent at such petitioner’s or child-placing agency’s sole expense. 

Revocation of Consent

Citation: Ann. Stat. § 59-2114

A consent is final when executed unless the consenting party, prior to final decree of adoption, alleges and proves by 

clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent 

was not freely and voluntarily given shall rest with the consenting party. 

Kentucky

Who Must Consent to an Adoption

Citation: Rev. Stat. § 199.500

An adoption shall not be granted without the voluntary and informed consent of:

• The living parent or parents of a child born in lawful wedlock

• The mother of the child born out of wedlock

• The father of the child born out of wedlock, if paternity is established in a legal action or in an affidavit 

acknowledging paternity of the child

A minor parent may consent to an adoption, but a guardian ad litem for the parent shall be appointed. 

Consent of Child Being Adopted

Citation: Rev. Stat. § 199.500

In the case of a child age 12 or older, the consent of the child shall be given in court. The court in its discretion may 

waive this requirement. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Rev. Stat. §§ 199.500; 199.502

The consent of a parent shall not be required if the parent:

• Has been adjudged mentally disabled 

• Has had his or her parental rights terminated

• Is divorced from the other parent, his or her rights have been terminated, and consent has been given by the 

parent having custody and control of the child

• Is a birth parent who has not established parental rights

• Has abandoned the child for a period of not less than 90 days

• Has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury

• Has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, 

physical injury or emotional harm

• Has been convicted of a felony that involved the infliction of serious physical injury to the child

• For a period of not less than 6 months has continuously or repeatedly failed, refused to provide, or been 

substantially incapable of providing essential parental care and protection for the child, and there is no reasonable 

expectation of improvement in parental care and protection

• Has caused or allowed the child to be sexually abused or exploited

• For reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing 

essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child’s 

well-being, and there is no reasonable expectation of significant improvement in the parent’s conduct in the 

immediately foreseeable future

• Has had his or her rights to another child involuntarily terminated and the condition or factor that was the basis for 

the previous termination finding has not been corrected

• Has been convicted of having caused or contributed to the death of another child as a result of physical or sexual 

abuse or neglect

When Consent Can Be Executed

Citation: Rev. Stat. § 199.500

An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to 72 

hours after the birth of the child. 

How Consent Must Be Executed

Citation: Rev. Stat. § 625.040

A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner or 

child resides, or in the circuit court in the county in which juvenile court actions concerning the child have commenced. 

Revocation of Consent

Citation: Rev. Stat. § 199.500

If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable 

20 days after the placement approval or the execution of the voluntary and informed consent, whichever is later.

If placement approval by the secretary is not required, the voluntary and informed consent shall become final and 

irrevocable 20 days after the execution of the voluntary and informed consent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Louisiana

Who Must Consent to an Adoption

Citation: Ch. Code Art. 1193; 1113

Consent to the adoption of a child shall be required of the following:

• The mother of the child

• The father of the child, regardless of the child’s actual paternity, if any of the following apply:

» The child is a child born of the marriage.

» The father is presumed to be the father of the child in accordance with law.

• The alleged father of the child who has established his parental rights in accordance with law

• The biological father of the child whose paternity has been determined by a judgment of filiation and who has 

established his parental rights

• The custodial agency that has placed the child for adoption

If a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the 

surrender unless the minor parent has been judicially emancipated or emancipated by marriage. 

Consent of Child Being Adopted

This issue is not addressed in the statutes reviewed. 

When Parental Consent Is Not Needed

Citation: Ch. Code Art. 1193; 1245

The consent of the parent is not required if his or her rights have been terminated in accordance with Title X or XI.

The court may grant an adoption without the consent of the agency, if the adoption is in the best interests of the child, 

and there is a finding that the agency has unreasonably withheld its consent.

Parental consent is not necessary when a petitioner in an intrafamily adoption has been granted custody of the child by 

a court of competent jurisdiction, and the parent has failed to support, visit, or communicate with the child without just 

cause for at least 6 months.

Parental consent is not necessary when the spouse of a stepparent petitioner has been granted sole or joint custody 

of the child or is otherwise exercising lawful custody of the child, and the other parent has refused to support, visit, or 

communicate with the child without just cause for at least 6 months. 

When Consent Can Be Executed

Citation: Ch. Code Art. 1122(b)(1); 1130; 1195

The act of surrender shall not be executed earlier than the 3rd day following the birth of the child if it is an agency 

adoption, or the 5th day following the birth of the child if the adoption is a private adoption.

A father may execute an act of surrender prior to the birth of the child or at any time after the birth. However, any 

surrender executed by a father earlier than the 5th day following the birth of the child shall not be irrevocable until the 

5th day following the birth of the child.

An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the 

birth. His surrender shall be irrevocable upon execution. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ch. Code Art. 1120; 1122

Prior to the execution of any surrender, the parent shall participate in a minimum of two counseling sessions with a 

licensed social worker, psychologist, psychiatrist, or a counselor employed by a licensed child-placing agency.

The act of surrender shall make the following declarations:

• The parent has no mental incapacity. 

• A minor parent is joined in the act of surrender by the parents or tutor or has the consent of the court except 

when surrendering to an agency.

• The parent has been informed and understands that the act of surrender is irrevocable.

• The parent freely and voluntarily surrenders custody of the child for the purpose of adoption and waives notice of 

any subsequent adoption proceedings.

• The parent has been informed of the voluntary registration law for contact between the parent and the 

surrendered child upon the child’s reaching majority.

• A surrendering parent, the agency accepting the surrender, or a prospective adoptive parent are domiciled in the 

State, or the child is in the custody of the Department of Social Services.

• In an adoption arranged by the department, execution of the surrender is made without conditions of any kind.

• The surrendering mother does or does not wish to be notified of a hearing of any opposition to the adoption filed 

pursuant to article 1137.

• The surrendering parent does or does not wish the future release of identifying information in the event of a 

medical necessity for which information is needed in order to treat the child.

• The parent has been informed that the Statement of Family History will be given to the adoptive parents at the 

time of placement and made available, upon request, to the child at age 18.

• The parent has received the required counseling sessions or that, in the case of the father, he has waived such 

counseling.

• The parent has consulted with and been fully advised by an attorney, other than the attorney of the prospective 

adoptive parent.

Revocation of Consent

Citation: Ch. Code Art. 1123; 1147; 1195

Consent is irrevocable upon execution and acceptance by the court.

Except as noted in article 1130 above, no act of surrender shall be subject to annulment except upon proof of duress or 

fraud. 

Maine

Who Must Consent to an Adoption

Citation: Rev. Stat. Tit. 18-A, § 9-302

Written consent to the adoption must be given by:

• Each living parent

• The person or agency having legal custody or guardianship of the child

• A guardian appointed by the court when the child has no living parent, guardian, or legal custodian who may 

consent

Consent of Child Being Adopted

Citation: Rev. Stat. Tit. 18-A, § 9-302

Written consent to the adoption must be given by the child if he or she is age 14 or older. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Rev. Stat. Tit. 18-A, § 9-302

Consent to adoption is not required of:

• A putative father or a legal father who is not the birth father if he:

» Received notice and failed to respond to the notice within the prescribed time period

» Waived his right to notice under § 9-201(c)

» Failed to meet the standards of § 9-201(i)

» Holds no parental rights regarding the child under the laws of the foreign jurisdiction in which the child was 

born

• A parent whose parental rights have been terminated

• A parent who has executed a surrender and release pursuant to § 9-202

• A parent whose parental rights have been voluntarily or judicially terminated and transferred to a public agency or 

a duly licensed private agency pursuant to the laws of another State or country

• The parent of an adopted person who is age 18 or older

When Consent Can Be Executed

Citation: Rev. Stat. Tit. 18-A, §§ 9-202; 9-302

Consent can be executed any time after the child’s birth.

A petition for adoption must be pending before consent is executed. 

How Consent Must Be Executed

Citation: Rev. Stat. Tit. 18-A, § 9-202

The parents or the surviving parent must execute the consent in the presence of the judge. The child, if age 14 or older, 

must execute the consent in the presence of the judge.

The court may approve a consent only when the following conditions are met:

• A licensed child-placing agency or the Department of Health and Human Services certifies that counseling was 

provided or was offered and refused.

• The court has explained the individual’s parental rights and responsibilities, the effects of the consent or the 

surrender and release, that in all but specific situations the individual has the right to revoke the consent within 3 

days, and the existence of the adoption registry and the services available under Title 22, § 2706-A.

• The court determines that the consent has been duly executed and was given freely after the parent was informed 

of the parent’s rights.

• At least 3 days have elapsed since the parents or parent executed the consent and the parents or parent did not 

withdraw or revoke the consent.

Consent may be acknowledged before a notary public who is not an attorney for the adopting parents or a partner, 

associate, or employee of an attorney for the adopting parents when consent is given by:

• The department or a licensed child-placing agency

• A public agency or a duly licensed private agency to which parental rights have been transferred under the law of 

another State or country

Revocation of Consent

Citation: Rev. Stat. Tit. 18-A, § 9-202

A consent or release will not be valid until 3 days after it has been executed. Except as noted below, a consent or a 

surrender and release is then final and irrevocable when duly executed.

A consent is final only for the adoption consented to, and if that adoption petition is withdrawn or dismissed or if the 

adoption is not finalized within 18 months of the execution of the consent, a review must be held pursuant to § 9-205. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Maryland

Who Must Consent to an Adoption

Citation: Fam. Law § 5-338

Consent to an adoption is required from the following persons:

• The birth mother and father

• If parental rights have been terminated, the head of the agency that has been awarded guardianship

• The director of the local department of social services with custody of the child

Consent of Child Being Adopted

Citation: Fam. Law § 5-338(3)

The court may grant an adoption only if the child is represented by an attorney and he or she: 

• Consents to the adoption, if at least age 10 

• Does not object to the adoption, if under age 10

When Parental Consent Is Not Needed

Citation: Fam. Law § 5-3B-22

A court may allow adoption without parental consent if the court finds by clear and convincing evidence that:

• The parent has not had custody of the prospective adopted person for at least 1 year. 

• The child to be adopted has significant emotional ties to and feelings for the petitioner.

• The parent has not maintained meaningful contact with the child while the petitioner had custody, notwithstanding 

an opportunity to do so.

• The parent has failed to contribute to the child’s physical care and support, notwithstanding the ability to do so.

• The parent has subjected the child to chronic abuse, chronic and life-threatening neglect, sexual abuse, or torture.

• The parent has been convicted of abuse of any offspring.

• The parent has been convicted, in any State or any court of the United States, of:

» A crime of violence against a minor offspring of the parent, the child, or another parent of the child 

» Aiding or abetting, conspiring, or soliciting to commit a crime described above

• The parent has, other than by consent, lost parental rights to a sibling of the child.

When Consent Can Be Executed

Citation: Fam. Law § 5-3B-21(2)

Consent to adoption is not valid unless the consent is given after the prospective adopted child is born. 

How Consent Must Be Executed

Citation: Fam. Law §§ 5-339; 5-351

Consent to an adoption is not valid unless:

• The consent is given in a language that the party understands. 

• If given in a language other than English, the consent:

» Is given before a judge on the record

» Is accompanied by the affidavit of a translator stating that the translation of the document of consent is 

accurate

• The consent names the child.

• The consent contains enough information to identify the prospective adoptive parent.

• The party has received written notice or on-the-record notice of:

» Provisions for revocation of consent 

» The search rights of adopted persons and parents under § 5-359 and the search rights of adopted persons, 

parents, and siblings under subtitle 4B 

» The right to file a disclosure veto under § 5-359

• The consent is accompanied by an affidavit of counsel stating that a parent who is a minor or has a disability 

consents knowingly and voluntarily.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Fam. Law §§ 5-339; 5-351

A parent may revoke consent to adoption at any time within the later of:

• 30 days after the parent signs the consent

• 30 days after the adoption petition is filed, after which consent is irrevocable

A local department, a guardian, or the child may revoke consent to an adoption at any time before a juvenile court 

enters an order of adoption. 

Massachusetts

Who Must Consent to an Adoption

Citation: Ann. Laws Ch. 210, § 2

Written consent to the adoption is required from:

• The lawful parents, who may be previous adoptive parents

• A surviving parent

• The mother only, if the child has been born out of wedlock

• The child’s spouse, if any

If an agency or person receiving a child born out of wedlock for purposes of a subsequent adoption receives from the 

child’s mother an executed consent, and no person has acknowledged paternity of the child or has been adjudicated 

the father of the child by any court of competent jurisdiction, then the person or agency shall request that the mother 

voluntarily provide a sworn written statement, executed before a notary and in the presence of two competent witnesses, 

one of whom shall be selected by the mother, that identifies the child’s father and his current or last known address. Any 

such statement shall be used solely for the purpose of notifying the person named as the father of the status of the child. 

Consent of Child Being Adopted

Citation: Ann. Laws Ch. 210, § 2

A child who is age 12 or older must consent to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Laws Ch. 210, § 3

The consent of the persons named above shall not be required if:

• The person to be adopted is age 18 or older.

• The court finds that the adoption is in the best interests of the child due to parental unfitness.

A finding of unfitness may be based on the following:

• The child has been abandoned.

• The child or another child has been abused or neglected.

• The child has been in out-of-home placement for at least 6 months and the parents have not maintained 

significant and meaningful contact with the child.

• The child is age 4 or older and has been in the custody of the department for at least 12 of the past 15 months 

and cannot be returned home.

• The child is younger than age 4 and has been in the custody of the department for at least 6 of the past 12 

months and cannot be returned home.

• The parent, without excuse, fails to provide proper care or custody for the child.

• Because of the lengthy absence of the parent or the parent’s inability to meet the needs of the child, the child has 

formed a strong, positive bond with a substitute caregiver.

• The parent has made no effort to remedy conditions that create a risk of harm to the child.

• The child or another child has been subjected to severe or repetitive conduct of a physically, emotionally, or 

sexually abusive or neglectful nature.

• The parent has willfully failed to visit and support a child who is not in the custody of the parent.

• The parent suffers from a condition, such as alcohol or drug addiction, mental deficiency, or mental illness, that 

makes the parent unlikely to provide minimally acceptable care of the child.

• The parent’s conviction of a felony will deprive the child of a stable home for a period of years.

• There exists a prior pattern of parental neglect or misconduct or a felony assault that resulted in serious bodily 

injury to the child and a likelihood of future harm to the child based on such prior pattern or assault.

When Consent Can Be Executed

Citation: Ann. Laws Ch. 210, § 2

Written consent shall be executed no sooner than the fourth day after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Laws Ch. 210, § 2

The written consent shall be attested and subscribed before a notary public in the presence of two competent witnesses, 

one of whom shall be selected by the consenting person. The agency or person receiving custody shall act as guardian 

of the child until such time as a court of competent jurisdiction appoints a guardian or grants a petition for adoption. A 

copy of the consent shall be filed with the Department of Children and Families.

The form of the consent is provided in statute.

If an agency or person receiving a child born out of wedlock for purposes of a subsequent adoption receives from 

the child’s mother an executed consent form, and no person has acknowledged paternity of the child or has been 

adjudicated the father of the child by any court of competent jurisdiction, then the person or agency shall request 

that the mother voluntarily provide a sworn written statement, executed before a notary and in the presence of two 

competent witnesses, one of whom shall be selected by the mother, that identifies the child’s father and his current or 

last known address. Any such statement shall be used solely for the purpose of notifying the person named as the father 

of the status of the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Laws Ch. 210, § 2

A consent executed in accordance with the provisions of this section shall be final and irrevocable from the date of 

execution. 

Michigan

Who Must Consent to an Adoption

Citation: Comp. Laws § 710.43

Consent to adoption shall be executed by:

• Each parent or the surviving parent

• The authorized representative of the department or of a child-placing agency to whom the child has been 

permanently committed by an order of the court or to whom the child has been released

• The court or a Tribal court having permanent custody of the child

• The guardian of the child, if a guardian has been appointed

• The guardian of a parent, if a guardian has been appointed

• The authorized representative of a court or child-placing agency of another State or country that has authority to 

consent to adoption

If the parent of the child to be adopted is an unemancipated minor, that parent’s consent is not valid unless a parent, 

guardian, or guardian ad litem of that minor parent has also executed the consent.

The guardian of the child to be adopted or a parent shall not execute a consent to that child’s adoption unless the 

guardian has first obtained authority to execute the consent from the court that appointed the guardian.

Consent of Child Being Adopted

Citation: Comp. Laws § 710.43

A child who is age 14 or older must consent to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Comp. Laws §§ 710.37; 710.43; 710.51(6)

The court may permanently terminate the rights of the putative father when he:

• Submits a verified affirmation of his paternity and a denial of his interest in custody of the child

• Files a disclaimer of paternity

• Was served with a notice of intent to release or consent at least 30 days before the expected date of birth but 

failed to file an intent to claim paternity either before the expected date of birth or before the birth of the child

• Is given proper notice of hearing but either fails to appear at the hearing or appears and denies his interest in 

custody of the child

• Has not made provision for the child’s care and did not provide support for the mother during her pregnancy

• Has not provided support for the mother, has not shown any interest in the child, and has not made provision for 

the child’s care for at least 90 days preceding the hearing required under § 36 

Consent to adoption of a child shall be executed by each parent or the surviving parent except under the following 

circumstances:

• The rights of the parent have been terminated.

• The child has been released for the purpose of adoption to a child-placing agency or the department.

• A guardian of the child has been appointed.

• A guardian of a parent has been appointed.

• A parent having legal custody of the child is married to the petitioner.

If the spouse of a custodial parent wants to adopt the child, the court may terminate the rights of the other parent if both 

of the following occur:

• The other parent, having the ability to support the child, has failed or neglected to provide regular and substantial 

support for the child for a period of 2 years or more.

• The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially 

failed or neglected to do so for a period of 2 years or more.

When Consent Can Be Executed

Citation: Comp. Laws §§ 710.31; 710.44

If a child is born out of wedlock and the release or consent of the birth father cannot be obtained, the child shall not be 

placed for adoption until the parental rights of the father are terminated by the court.

Pending the termination of the rights of the father, the mother may execute a release terminating her rights to the child. 

At the request of the mother, her formal execution of a release or consent shall be delayed until after court determination 

of the status of the putative father’s request for custody of the child.

If the consent of a parent or guardian is required, the consent shall not be executed until after the judge, referee, or 

other authorized individual has fully explained to the parent or guardian the legal rights of the parent or guardian and 

the fact that the parent or guardian by virtue of the consent voluntarily relinquishes permanently his or her rights to the 

child.

If the child’s consent to adoption is required, the consent shall not be executed until after the judge or referee has fully 

explained to the child the fact that he or she is consenting to acquire permanently the adopting parent or parents as his 

or her legal parent or parents as though he or she had been born to the adopting parent or parents. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Comp. Laws §§ 710.44; 710.29

Consent shall be by a separate instrument executed before the judge having jurisdiction or before another judge of the 

family division of circuit court in this State. If the individual whose consent is required is in any of the armed services or is 

in prison, the consent may be executed before any individual authorized to administer oaths.

If the child to be adopted is legally a ward of the department or a child-placing agency, the consent by the authorized 

representative of the department or agency may be executed and acknowledged before an individual authorized to 

administer oaths.

In a direct placement, a consent by a parent or guardian shall be accompanied by a verified statement signed by the 

parent or guardian that contains all of the following:

• That he or she has received a list of support groups

• That he or she has received counseling related to the adoption of his or her child or waives the counseling with 

the signing of a verified statement

• That he or she has not received or been promised any money or anything of value for the consent to adoption of 

the child, except for lawful payments that are itemized on a schedule filed with the consent

• That the validity and finality of the consent is not affected by any collateral or separate agreement between the 

parent or guardian and the adoptive parent 

• That he or she understands that it serves the welfare of the child for the parent to keep the child-placing agency, 

court, or department informed of any health problems that the parent develops that could affect the child

• That he or she understands that it serves the welfare of the child for the parent or guardian to keep his or her 

address current with the child-placing agency, court, or department in order to permit a response to any inquiry 

concerning medical or social history from an adoptive parent of a minor adopted person or from an adopted 

person who is age 18 or older

Revocation of Consent

Citation: Comp. Laws § 710.29

The person who granted consent may petition the court for a hearing on whether to grant revocation.

A release may not be revoked if the child has been placed for adoption unless the child was placed as provided by § 

710.41(2) [while an appeal of a termination of parental rights is pending], and a petition has been filed for a rehearing 

within the time required. 

Minnesota

Who Must Consent to an Adoption

Citation: Ann. Stat. § 259.24, Subd. 1, 2

No child shall be adopted without the consent of the child’s parents and the child’s guardian, if there be one. 

If there is no parent or guardian qualified to consent to the adoption, the agency having authority to place a child for 

adoption shall have the exclusive right to consent to the adoption.

If an unmarried parent who consents to the adoption of a child is under age 18, the consent of the minor parent’s parents 

or guardian, if any, also shall be required. If either or both the parents are disqualified for any reason, the consent of such 

parent shall be waived, and the consent of the guardian only shall be sufficient. If there is neither a parent nor guardian 

qualified to give such consent, the consent may be given by the commissioner. 

Consent of Child Being Adopted

Citation: Ann. Stat. § 259.24, Subd. 3

When the child to be adopted is age 14 or older, the child’s written consent also shall be necessary. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 259.24, Subd. 1

Consent shall not be required of a parent:

• Who is not entitled to notice of the proceedings

• Who has abandoned the child

• Who has lost custody of the child through a divorce decree or a decree of dissolution, and upon whom notice has 

been served as required by § 259.49

• Whose parental rights to the child have been terminated or who has lost custody of a child through a final 

commitment of the juvenile court or through a decree in a prior adoption proceeding 

When Consent Can Be Executed

Citation: Ann. Stat. § 259.24, Subd. 2a

No sooner than 72 hours after the birth of a child and no later than 60 days after the child’s placement in a prospective 

adoptive home, a person whose consent is required under this section shall execute a consent. 

How Consent Must Be Executed

Citation: Ann. Stat. § 259.24, Subd. 2, 5

The agency overseeing the adoption proceedings shall ensure that the minor parent is offered the opportunity to consult 

with an attorney, a member of the clergy, or a physician before consenting to adoption of the child. 

All consents to an adoption shall be in writing, executed before two competent witnesses, and acknowledged by the 

consenting party. 

All consents by a parent shall contain written notice:

• Of the right to withdraw consent under specific conditions

• That the consent itself does not terminate parental rights

• That parental rights to a child may be terminated only by an adoption decree or by a court order terminating 

parental rights

• That if the child is not adopted, the parent may be asked to support the child

Revocation of Consent

Citation: Ann. Stat. § 259.24, Subd.6a

A parent’s consent to adoption may be withdrawn for any reason within 10 working days after the consent is executed 

and acknowledged. Written notification of withdrawal of consent must be received by the agency to which the child was 

surrendered, the agency supervising the adoptive placement, or the district court of residence in the case of adoption 

by a stepparent or any adoption not involving agency placement or supervision, no later than the 10th working day 

after the consent is executed and acknowledged. On the day following the 10th working day after execution and 

acknowledgment, the consent shall become irrevocable except upon order of a court of competent jurisdiction after 

written findings that consent was obtained by fraud. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Mississippi

Who Must Consent to an Adoption

Citation: Ann. Code § 93-17-5

Consent shall be executed by the following persons:

• The parents, or parent if only one parent, even if either one is under age 21

• If both parents are dead, then any two adult kin of the child within the third degree 

• The guardian ad litem of an abandoned child

• Those persons having physical custody of the child, except persons having the child as foster parents as a result of 

placement by the Department of Human Services of the State of Mississippi

• Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the 

State of Mississippi

• The agent of the county department of human services that has placed a child in foster care, either by agreement 

or by court order

Consent of Child Being Adopted

Citation: Ann. Code § 93-17-5

If the child is age 14 or older, a consent to the adoption, sworn to or acknowledged by the child, is required. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 93-17-5; 93-17-7

In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has 

demonstrated, within the period ending 30 days after the birth of the child, a full commitment to the responsibilities of 

parenthood. 

An adoption may be allowed over the objection of a parent when the parent:

• Has abused the child

• Has not consistently offered to provide reasonably necessary food, clothing, appropriate shelter, and treatment for 

the child

• Suffers from a medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical 

disability, substance abuse, or chemical dependency that makes him or her unable or unwilling to provide an 

adequate permanent home for the child at the present time or in the reasonably near future based upon expert 

opinion or based upon an established pattern of behavior

• Has a history of past or present conduct, including criminal convictions, that viewed in its entirety would pose a 

risk of substantial harm to the physical, mental, or emotional health of the child

• Has engaged in acts or omissions permitting termination of parental rights 

When Consent Can Be Executed

Citation: Ann. Code § 93-17-5

Consent shall not be executed before 72 hours after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Code § 93-17-5

Consenting parents shall be made parties to the adoption proceeding by process or by the filing consent to the 

proposed adoption in the petition. Consent may also be executed and filed by the duly authorized officer or 

representative of a home to whose care the child has been delivered. The child shall join the petition. 

Revocation of Consent

Citation: Ann. Code § 93-17-15 

No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process 

or on process by publication, except within 6 months of the entry thereof. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Missouri

Who Must Consent to an Adoption

Citation: Rev. Stat. § 453.030

The written consent of the following persons shall be required:

• The mother

• The man who is presumed to be the father, has acted to establish paternity no later than 15 days after the birth of 

the child, or has filed with the putative father registry

• The child’s current adoptive parents or other legally recognized parent

Consent of Child Being Adopted

Citation: Rev. Stat. § 453.030

A child who is age 14 or older must consent to the adoption except when the court finds that the child lacks sufficient 

mental capacity.

When Parental Consent Is Not Needed

Citation: Rev. Stat. § 453.040

The consent to the adoption of a child is not required of:

• A parent whose rights to the child have been terminated 

• A parent of a child who has legally consented to a future adoption of the child

• A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition

• A man who has not been established to be the father and who is not presumed by law to be the father and who, 

after the conception of the child, executes a verified statement denying paternity and disclaiming any interest in 

the child

• A parent or other person who has not executed a consent and fails to respond to notice

• A parent who has a mental condition that is shown by competent evidence either to be permanent or such 

that there is no reasonable likelihood that the condition can be reversed and that renders the parent unable to 

knowingly provide the child the necessary care, custody, and control

• A parent who has for a period of at least 6 months for a child age 1 or older, or at least 60 days for a child 

under age 1, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a 

period of at least 6 months immediately prior to the filing of the petition for adoption, willfully, substantially, and 

continuously neglected to provide the child with necessary care and protection

When Consent Can Be Executed

Citation: Rev. Stat. § 453.030

The written consent of the birth mother shall not be executed anytime before the child is 48 hours old. 

How Consent Must Be Executed

Citation: Rev. Stat. § 453.030

The written consent of the father or other parents may be executed before or after the commencement of the adoption 

proceedings and shall be acknowledged before a notary public. In lieu of such acknowledgment, the signature of the 

person giving such written consent shall be witnessed by the signatures of at least two adult persons. The two adult 

witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding.

The written consent of the birth mother shall be executed in front of a judge or a notary public. In lieu of such 

acknowledgment, the signature of the person giving such written consent shall be witnessed by the signatures of at least 

two adult persons who are present at the execution and who determine and certify that the consent is knowingly and 

freely given. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party 

to the adoption proceeding. 

The written consents shall be reviewed and, if found to be in compliance with this section, approved by the court within 

3 business days of such consents being presented to the court.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Rev. Stat. § 453.030

Written consent may be withdrawn anytime until it has been reviewed and accepted by a judge. 

Montana

Who Must Consent to an Adoption

Citation: Ann. Code § 42-2-301

Written consents to an adoption must be executed by:

• The birth mother

• The husband of the birth mother if the husband is the presumed father of the child 

• Any other person whose parental rights have been established by a court

• The department or an agency that has custody of the child and the authority to place the child for adoption

• The legal guardian of the child if both parents are dead or their rights have been judicially terminated, and the 

guardian has authority by order of the court appointing the guardian to consent to the adoption

Consent of Child Being Adopted

Citation: Ann. Code § 42-2-301

A child who is age 12 or older must consent, either in writing or in court, unless he or she lacks the mental capacity to 

consent. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 42-2-302

Consent to adoption of a child is not required from:

• An individual whose parental relationship to the child has been judicially terminated for unfitness, has been 

determined not to exist, or has been waived 

• A parent who has been judicially declared incompetent

• An individual who has not been married to the mother of the child and who, after the conception of the child, 

executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying 

any interest in the child

• The personal representative of a deceased parent’s estate

When Consent Can Be Executed

Citation: Ann. Code § 42-2-408

A parent whose consent to the adoption of a child is required, may execute a relinquishment and consent to adoption 

only after he following criteria have been met:

• No less than 72 hours have elapsed since the birth of the child.

• The parent has received counseling in accordance with § 42-2-409.

A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.

The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during 

the hearing on the petition for adoption.

A child whose consent is required may execute consent at any time before or during the hearing on the petition to 

adopt. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ann. Code §§ 42-2-303; 42-2-405; 42-2-408

The required consents must be acknowledged before an officer who is authorized to take acknowledgments or must be 

witnessed by a representative of the department, an agency, or the court.

A parent who is a minor has the right to relinquish all rights to the child and to consent to the child’s adoption. 

The relinquishment is not subject to revocation by reason of minority. In a direct parental placement adoption, a 

relinquishment and consent to adopt executed by a parent who is a minor is not valid unless the minor parent has been 

advised by an attorney who does not represent the prospective adoptive parent.

A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption 

only after the parent: 

• Has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid 

by a prospective adoptive parent

• Has been represented by separate legal counsel if the parent is a minor

• Has been provided a copy of the preplacement evaluation pertaining to the prospective adoptive parent prior to 

the execution of the relinquishment

If the person from whom a relinquishment and consent to adopt are required is a member of the armed services or is 

in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer 

oaths. 

Revocation of Consent

Citation: Ann. Code § 42-2-410

The parent who executed the relinquishment and consent to adopt and the department, agency, or prospective adoptive 

parent named or described in the relinquishment and consent to adopt may mutually agree to revocation of consent 

prior to the issuance of an order terminating parental rights.

A relinquishment may not be revoked if an order has been issued terminating parental rights. 

Nebraska

Who Must Consent to an Adoption

Citation: Rev. Stat. §§ 43-104; 43-105

Except as otherwise provided in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written 

consents are executed by:

• Any district court, county court, or separate juvenile court having jurisdiction of the custody of a minor child by 

virtue of proceedings that occurred in any court in Nebraska or by virtue of the Uniform Child Custody Jurisdiction 

and Enforcement Act

• Both parents of a child born in lawful wedlock, if living

• The surviving parent of a child born in lawful wedlock

• The mother of a child born out of wedlock

• Both the mother and father of a child born out of wedlock as determined pursuant to §§ 43-104.08 to 43-104.24

If consent is not required of both parents for the reasons listed below, substitute consents shall be filed as follows:

• Consent to the adoption of a minor child who has been committed to the Department of Health and Human 

Services may be given by the department or its duly authorized agent.

• When a parent has relinquished a minor child for adoption to any child-placing agency licensed or approved by 

the department, consent to the adoption of such child may be given by such agency.

• In all other cases, consent shall be given by the guardian or guardian ad litem of the minor child.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Consent of Child Being Adopted

Citation: Rev. Stat. § 43-104

A written consent must be executed by the minor child if over age 14 or the adult child. 

When Parental Consent Is Not Needed

Citation: Rev. Stat. §§ 43-104; 43-105

Consent shall not be required of any parent who:

• Has relinquished the child for adoption by a written instrument

• Has abandoned the child for at least 6 months immediately prior to the filing of the adoption petition 

• Has been deprived of his or her parental rights to the child by the order of any court of competent jurisdiction

• Is incapable of consenting

When Consent Can Be Executed

Citation: Rev. Stat. § 43-104

A written consent or relinquishment for adoption shall not be valid unless signed at least 48 hours after the birth of the 

child. 

How Consent Must Be Executed

Citation: Rev. Stat. § 43-106

Consents must be acknowledged before an officer authorized to acknowledge deeds and signed in the presence of at 

least one witness as well as the officer. 

Revocation of Consent

This issue is not addressed in the statutes reviewed. 

Nevada

Who Must Consent to an Adoption

Citation: Rev. Stat. § 127.040

Written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to 

accept relinquishments is required from:

• Both parents if both are living

• One parent if the other is deceased

• The guardian of the child appointed by the court

Consent of Child Being Adopted

Citation: Rev. Stat. § 127.020

The consent of a child age 14 or older is required. 

When Parental Consent Is Not Needed

Citation: Rev. Stat. §§ 127.090; 127.040

Consent is not required of a parent who has been adjudged insane for 2 years if the court is satisfied by proof that such 

insanity is incurable.

Consent of a parent to an adoption shall not be necessary when parental rights have been terminated by an order of a 

court of competent jurisdiction.

When Consent Can Be Executed

Citation: Rev. Stat. § 127.070

All releases for and consents to adoption executed by the mother before the birth of a child or within 72 hours after the 

birth of a child are invalid.

Release for or consent to adoption may be executed by the father before the birth of the child if the father is not married 

to the mother.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Rev. Stat. §§ 127.053; 127.043; 127.057

No consent to a specific adoption is valid unless it:

• Identifies the child to be adopted by name (if any), sex, and date of birth

• Is in writing and signed by the person consenting to the adoption

• Is acknowledged by the person signing the consent to adoption in the manner and form required for conveyances 

of real property

• Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given

• Is attested by at least two competent, disinterested witnesses who sign their names to the consent in the presence 

of the person consenting

If neither the petitioner nor the spouse of a petitioner is related to the child within the third degree of consanguinity, 

then one of the witnesses must be a social worker employed by:

• An agency that provides child welfare services

• An agency licensed in this State to place children for adoption

• A comparable State or county agency of another State

• An agency authorized under the laws of another State to place children for adoption if the natural parent resides 

in that State

Revocation of Consent

Citation: Rev. Stat. §§ 127.070; 127.080

A release executed by the father who is not married to the mother becomes invalid if:

• The father of the child marries the mother of the child before the child is born.

• The mother of the child does not execute a release for or consent to adoption of the child within 6 months after 

the birth of the child.

• No petition for adoption of the child has been filed within 2 years after the birth of the child.

A minor parent may execute a relinquishment for adoption and cannot revoke it upon coming of age. 

New Hampshire

Who Must Consent to an Adoption

Citation: Rev. Stat. § 170-B:5 

A surrender of parental rights shall be obtained from:

• The birth mother, provided that if she is under age 18, the court may require the assent of her parents or legal 

guardian

• The legal father, provided that if he is under age 18, the court may require the assent of his parents or legal 

guardian

• The birth father, provided that he was found to be entitled to notice and that if he is under age 18, the court may 

require the assent of his parents or legal guardian

• The legal guardian of the child if both birth parents are deceased or have surrendered their rights

• The department or any licensed child-placing agency that may been given the care, custody, and control of the 

child

Consent of Child Being Adopted

Citation: Rev. Stat. § 170-B:3

If the child is age 14 or older, he or she must assent to the adoption unless the court determines that it is not in the 

best interests of the child to require assent. Such an assent shall be executed by the child in writing and signed in the 

presence of the court in which the petition for adoption has been filed. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Rev. Stat. § 170-B:7

Surrender of parental rights is not required of:

• The alleged father who has not met the requirements of § 170-B:5(I) or § 170-B:6

• A parent whose parental rights have been voluntarily or involuntarily terminated by a court in another State

• An alleged father who is found not to be the father

• Any parent of the adopted person if the adopted person is an adult

• A parent whose parental rights have been terminated 

• An alleged father who is convicted of an offense under §§ 632-A:2, 632-A:3, 632-A:4, or 639:2 that resulted in the 

conception of the child

• Parents whose parental rights have been determined to be voluntarily or involuntarily terminated by the proper 

authorities in another country, such determination to be evidenced by documentation issued by the U.S. 

Department of Justice or the U.S. Department of State and deemed acceptable by probate court rule

When Consent Can Be Executed

Citation: Rev. Stat. § 170-B:8

No surrender shall be taken until a passage of a minimum of 72 hours after the birth of the child. 

How Consent Must Be Executed

Citation: Rev. Stat. §§ 170-B:9; 170-B:10

A surrender by a parent shall be executed in writing and signed by the parent in the presence of the court of the county 

in which the parent resides. If the parent is under age 18, the court may require the assent of the minor’s parents or legal 

guardian. If the parent is a nonresident, the surrender may be taken in the State in which the parent resides. 

A surrender executed by the department or an agency shall be in writing and signed by the executive head or other 

authorized representative in the presence of a person authorized to take acknowledgments.

A surrender shall state that the person executing the surrender document acknowledges that the person’s parental rights 

over the child will cease upon the court’s approval of the surrender. A surrender shall further state:

• An acknowledgment that after the surrender is executed, it is final and, except as noted below, may not be 

revoked for any reason, including the failure of an adoptive parent to comply with an arrangement with the birth 

parent for postsurrender contact

• An acknowledgment that the surrender will extinguish all parental obligations except the obligation to pay any 

accrued unpaid child support

• That the parent has been informed of counseling services and been provided legal counsel

• That the parent has not received or been promised any money or anything of value for the surrender except for 

permissible payments

• Whether the parent has been informed of the identity of the adoptive parents

• Whether the child is an Indian child

• Whether the parent wishes to be notified that a final decree of adoption has been entered

• That the parent has read and understands the content of the document and wishes the surrender to take effect
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Rev. Stat. § 170-B:12

A parent wishing to withdraw a surrender shall notify in writing the court where the surrender was taken. Notification shall 

be prior to the entry of the final decree. A surrender may not be withdrawn unless the court finds that:

• The parent seeking to withdraw his or her surrender has proven by a preponderance of evidence that the 

surrender was obtained by fraud or duress.

• The withdrawal of the surrender is in the best interests of the child. In making this determination, the court may 

consider every facet of each parent’s life.

The court shall notify any other party that has surrendered rights to the child of the issuance of its order granting the 

withdrawal of such surrender. The party shall have 30 days from the date of the register’s notice of decision to request in 

writing to the court that his or her surrender be withdrawn as well. The 30-day time period to file such a request shall not 

be extended by the court absent a showing of good cause.

A surrender may not be withdrawn after the entry of the final decree of adoption for any reason. 

New Jersey

Who Must Consent to an Adoption

Citation: Ann. Stat. §§ 9:3-41; 9:3-45

The child may be surrendered for adoption by:

• The parent or guardian of the child

• Any agency that has obtained the authority to place the child for adoption

For purposes of this section, ‘parent’ means:

• The husband of the mother of a child born or conceived during the marriage

• A putative or alleged biological mother or father of a child

Consent of Child Being Adopted

Citation: Ann. Stat. § 9:3-49

If the child sought to be adopted is age 10 or older, the appearance of the child shall be required at the final adoption 

hearing unless waived by the court for good cause shown, and the child’s wishes concerning the adoption shall be 

solicited by the court and given consideration if the child is of sufficient capacity to form an intelligent preference 

regarding the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 9:3-45; 9:3-46

Notice of an adoption proceeding shall not be served on a parent:

• Who has executed a valid surrender to an approved agency

• Whose parental rights have been terminated in a separate judicial proceeding 

• Who has, prior to the placement of the child for adoption, received notice of the intention to place the child and 

who has either failed to file written objections or denied paternity or maternity of the child

• Who has given the child for adoption to the adopting parent, and the court has determined that the surrender was 

voluntary and proper 

• Whose child has been made available for adoption in a foreign state or country if the U.S. Immigration and 

Naturalization Service has determined that the child has been approved for adoptive placement 

• Who is presumed to be the biological father of the child but who, within 120 days of the birth of the child or prior 

to the date of the preliminary hearing, whichever occurs first, has not acknowledged paternity

A judgment of adoption shall be entered over an objection of a person who is entitled to notice if the court finds, during 

the 6-month period prior to the placement of the child for adoption or within 120 days after the birth of a child or prior 

to the date of the preliminary hearing, whichever occurs first, in the case of a child placed for adoption as a newborn 

infant:

• That the parent has substantially failed to perform the regular and expected parental functions of care and support 

of the child, although able to do so

• That the parent is unable to perform the regular and expected parental functions of care and support of the child 

and that the parent’s inability to perform those functions is unlikely to change in the immediate future

When Consent Can Be Executed

Citation: Ann. Stat. § 9:3-41(e)

A surrender by the birth parent of a child shall not be valid if taken within 72 hours of the birth of the child. The denial 

of paternity by an alleged father, at any time including prior to the birth of the child, shall be deemed a surrender for 

purposes of allowing the child to be adopted. 

How Consent Must Be Executed

Citation: Ann. Stat. §§ 9:3-41(a); 9:3-45(b)(4)

Surrender of a child to an approved agency for the purpose of adoption shall be by a signed instrument acknowledged 

by the person executing the instrument before an officer authorized to take acknowledgments or proofs in the State in 

which the instrument is executed. Prior to the execution of the surrender, the approved agency shall, directly or through 

its agent, inform the person executing the surrender that the instrument is a surrender of parental rights by the signatory 

and means the permanent end of the relationship and all contact between the parent and child.

Any approved agency may accept custody of a child by a duly executed instrument of surrender from a parent or 

guardian of the child or from another approved agency or any agency for the care and protection of children approved 

by any other State, the United States, or any foreign country that has duly obtained the authority to place the child for 

adoption. A surrender executed in another State or foreign country by a resident of that State or country and valid where 

executed shall be deemed a valid surrender in this State if taken more than 72 hours after the birth of the child.

At the request of a parent of the child, an approved agency may receive that parent’s surrender of his or her child for 

purposes of having the child adopted by a person specified by the surrendering parent. A hearing may be held to 

determine whether the surrender was voluntary and proper. 

Revocation of Consent

Citation: Ann. Stat. § 9:3-41(a)

The surrender shall be valid and binding without regard to the age of the person executing the surrender and shall be 

irrevocable except at the discretion of the approved agency taking such surrender or upon order or judgment of a court 

of competent jurisdiction setting aside such surrender upon proof of fraud, duress, or misrepresentation by the approved 

agency. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

New Mexico

Who Must Consent to an Adoption

Citation: Ann. Stat. § 32A-5-17

Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the State of New 

Mexico shall be required of the following:

• The mother

• The proposed adoptive parent

• The presumed father 

• The acknowledged father

• The Children, Youth and Families Department or the agency to whom the child has been relinquished that has 

placed the child for adoption

• The guardian of the child’s parent, when that guardian has express authority to consent to adoption

In any adoption involving an Indian child, consent to adoption by the petitioner or relinquishment of parental rights shall 

be obtained from an Indian custodian, as required by the provisions of the Federal Indian Child Welfare Act of 1978 (25 

U.S.C. § 1901, et seq.). 

Consent of Child Being Adopted

Citation: Ann. Stat. § 32A-5-21

Consent to adoption shall be required of the child who is age 14 or older and shall be in a writing signed by the child. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. §§ 32A-5-18; 32A-5-19

A consent to adoption shall be implied by the court if the parent, without justifiable cause, has:

• Left the child without provision for the child’s identification for a period of 14 days

• Left the child with others, including the other parent or an agency, without provisions for support and without 

communication for a period of:

» 3 months if the child was under age 6 at the commencement of the 3-month period

» 6 months if the child was over age 6 at the commencement of the 6-month period

The consent to adoption shall not be required from:

• A parent whose rights with reference to the child have been terminated

• A parent who has relinquished the child to an agency for adoption 

• A biological father of a child conceived as a result of rape or incest

• A person who has failed to respond when given notice pursuant to the provisions of § 32A-5-27

• An alleged father who has failed to register with the putative father registry within 10 days of the child’s birth and 

is not otherwise the acknowledged father

When Consent Can Be Executed

Citation: Ann. Stat. § 32A-5-21(G)

No consent to adoption or relinquishment of parental rights shall be valid if executed within 48 hours after the child’s 

birth. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ann. Stat. §§ 32A-5-21; 32A-5-23

A consent by a parent shall be in writing and state the following:

• The date, place, and time of execution

• The date and place of birth of the child and any names by which the child has been known

• The identity of the adoptive parent, if known

• That the person executing the consent has been counseled by a certified counselor of the person’s choice and 

with this knowledge the person is voluntarily and unequivocally consenting

• That the consenting party has been advised of the legal consequences of the consent either by independent legal 

counsel or a judge

• That the consent to or relinquishment for adoption cannot be withdrawn

• That the person executing the consent waives further notice of the adoption proceedings

In cases when the consent is in English and English is not the first language of the consenting person, the person taking 

the consent shall certify in writing that the document has been read and explained to the person whose consent is being 

taken in that person’s first language. That certification will include the name of the person who read and explained 

the document and that the meaning and implications of the document are fully understood by the person giving the 

consent.

A consent taken by an individual appointed to take consents by an agency shall be notarized. When a consent is signed 

in the presence of a judge, it need not be notarized. 

The requirements of a consent to adoption or relinquishment of parental rights involving an Indian child and the rights of 

a parent of an Indian child to withdraw the consent or relinquishment shall be governed by the relevant provisions of the 

Federal Indian Child Welfare Act.

A consent to adoption or relinquishment of parental rights shall be signed before, and approved on the record by, a 

judge who has jurisdiction over adoption proceedings within or without this State and who is in the jurisdiction in which 

the child is present or in which the parent resides at the time it 

Revocation of Consent

Citation: Ann. Stat. §§ 32A-5-21(I); 32A-5-17

A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation solely by reason of 

the parent’s minority.

A consent to or relinquishment for adoption shall not be withdrawn prior to the entry of a decree of adoption unless the 

court finds that the consent or relinquishment was obtained by fraud.

In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

New York

Who Must Consent to an Adoption

Citation: Dom. Rel. Law §§ 111; 113

Consent to adoption shall be required from the following persons or entities:

• The parents or surviving parent, whether adult or minor, of a child conceived or born in wedlock

• The mother, whether adult or minor, of a child born out of wedlock

• The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents more than 

6 months after birth, but only if that father has maintained substantial and continuous or repeated contact with the 

child 

• The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents less than 

6 months after birth, but only if the father:

» Openly lived with the child or the child’s mother for a continuous period of 6 months immediately preceding 

the placement of the child for adoption

» Openly held himself out to be the father of such child during such period

» Paid a fair and reasonable sum, in accordance with his means, for the medical, hospital, and nursing expenses 

incurred in connection with the mother’s pregnancy or with the birth of the child

• Any person or authorized agency having lawful custody of the adoptive child

An authorized agency may consent to the adoption of a minor whose custody and guardianship has been transferred to 

that agency. 

Consent of Child Being Adopted

Citation: Dom. Rel. Law § 111

Consent to adoption shall be required of the adoptive child who is age 14 or older unless the judge or surrogate in his 

discretion dispenses with that consent. 

When Parental Consent Is Not Needed

Citation: Dom. Rel. Law § 111

Consent shall not be required of a parent or of any other person having custody of the child:

• Who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her 

failure for a period of 6 months to visit the child and communicate with the child or person having legal custody of 

the child, although able to do so

• Who has surrendered the child to an authorized agency 

• For whose child a guardian has been appointed 

• Who, by reason of mental illness or mental retardation, is presently and for the foreseeable future unable to 

provide proper care for the child

• Who has executed an instrument, which shall be irrevocable, denying the paternity of the child

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Dom. Rel. § 115-b; Soc. Serv. Law. § 384

A consent to adoption executed by a person who is in foster care shall only be executed before a judge of the family 

court.

A consent to a private placement adoption may be executed or acknowledged before any judge or surrogate in this 

State having jurisdiction over adoption proceedings. Such consent shall state that it is irrevocable upon such execution or 

acknowledgment. 

At the time that a parent appears before a judge or surrogate to execute or acknowledge a consent to adoption, the 

judge or surrogate shall inform the parent of the consequences of that act, including informing the parent of the right 

to be represented by legal counsel of the parent’s own choosing and of the right to obtain supportive counseling. The 

judge or surrogate shall give the parent a copy of such consent upon the execution thereof.

In any case in which a consent is not executed or acknowledged before a judge or surrogate, that consent shall be 

executed or acknowledged before a notary public or other officer authorized to take proof of deeds. A copy of the 

consent shall be given to the parent upon the execution thereof. 

Revocation of Consent

Citation: Dom. Rel. § 115-b

A judicial consent shall state that it is irrevocable upon such execution or acknowledgment.

An extrajudicial consent shall become irrevocable 45 days after the execution of the consent unless written notice of 

revocation thereof is received by the court in which the adoption proceeding is to begin within the 45 days. The notice 

of revocation shall go into effect only if the adoptive parents fail to oppose such revocation or if they oppose such 

revocation and the court has determined that the best interests of the child will be served by giving force and effect to 

such revocation. 

Nothing contained in this section shall bar actions or proceedings brought on the ground of fraud, duress, or coercion in 

the execution of an adoption consent. 

North Carolina

Who Must Consent to an Adoption

Citation: Gen. Stat. §§ 48-3-601; 48-3-602

Consent to an adoption in a direct placement must be executed by:

• The mother of the minor

• Any man who may or may not be the biological father of the minor but who:

» Is or was married to the mother 

» Attempted to marry the mother of the minor before the minor’s birth

» Has legitimated the minor under the law of any State

» Has acknowledged his paternity of the minor

» Has received the minor into his home and openly held out the minor as his biological child

» Is the adoptive father of the minor

• A guardian of the minor

• The guardian ad litem of an incompetent parent

In an agency placement, consent must be provided by:

• The agency that placed the minor for adoption

• Each individual described above who has not relinquished the minor

Consent of Child Being Adopted

Citation: Gen. Stat. §§ 48-3-601; 48-3-603

Consent to an adoption must be executed by the minor to be adopted if he or she is age 12 or older unless the court 

finds that it is not in the best interests of the minor for the court to require consent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Gen. Stat. § 48-3-603

Consent to an adoption of a minor is not required of:

• An individual whose parental rights and duties have been terminated

• A man, other than an adoptive father, who has been judicially determined not to be the father of the minor 

adopted person, or another man has been judicially determined to be the father of the minor 

• An individual who has relinquished parental rights or guardianship powers, including the right to consent to 

adoption

• A man who is not married to the minor’s birth mother and who, after the conception of the minor, has executed a 

notarized statement denying paternity or disclaiming any interest in the minor

• A deceased parent or the personal representative of a deceased parent’s estate

• An individual listed in § 48-3-601 who has not executed a consent or a relinquishment and who fails to respond to 

a notice of the adoption proceeding within 30 days after the service of the notice

• An individual who does not respond to notice of the adoption proceedings in a timely manner or whose consent is 

not required as determined by the court

• An individual whose actions resulted in a conviction under § 14-27.2 or § 14-27.3 and the conception of the minor 

to be adopted

The court may issue an order dispensing with the consent of a guardian or an agency that placed the minor upon a 

finding that the consent is being withheld contrary to the best interests of the minor.

When Consent Can Be Executed

Citation: Gen. Stat. § 48-3-604

A man whose consent is required under § 48-3-601 may execute a consent to adoption either before or after the child is 

born.

The mother of a minor child may execute a consent to adoption at any time after the child is born but not before.

A guardian of a minor to be adopted may execute a consent to adoption at any time.

An agency licensed by the Department Health and Human Services or a county department of social services that places 

a minor for adoption shall execute its consent no later than 30 days after being served with notice of the proceeding for 

adoption.

A minor to be adopted who is age 12 or older may execute a consent at any time. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Gen. Stat. §§ 48-3-605; 48-3-606

Consent executed by a parent or guardian or by a child who is age 12 or older must be signed and acknowledged under 

oath. A parent who is younger than age 18 has legal capacity to give consent to adoption as if he or she were age 18.

A consent by an agency must be executed by the executive head or another authorized employee and must be signed 

and acknowledged under oath.

A consent to the adoption of an Indian child must meet the requirements of the Indian Child Welfare Act (25 U.S.C. § 

1901, et seq.).

A consent must state:

• The date and place of its execution

• The name, date of birth, and permanent address of the person executing consent

• The date of birth or the expected delivery date and the sex and name of the child, if known

• That the person executing consent is voluntarily consenting to the adoption by the identified prospective adoptive 

parent

• The person who would receive any notice of revocation

• That the consenting person understands that after the consent is signed and acknowledged, it is final and 

irrevocable except as set forth in § 48-3-609

• That the consent is not affected by any separate agreement between the consenting person and the adoptive 

parent

• That the consenting person has not received or been promised any money or anything of value for the consent 

except for lawful payments

• That the consenting person understands that when the adoption is final, all rights and obligations will be 

extinguished and the legal relationship with the child terminated

• The name and address of the court

• That the person executing consent waives notice of any adoption proceeding

• That the person executing consent has:

» Received or been offered an unsigned copy of the consent

» Been advised that counseling services may be available through county departments of social services or 

licensed child-placing agencies

» Been advised of the right to employ independent legal counsel
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Gen. Stat. §§ 48-3-607; 48-3- 608; 48-3-609

A consent is final and irrevocable except under a circumstance set forth below.

A consent to the adoption of any infant who is in utero or any minor may be revoked within 7 days following the day on 

which it is executed. The individual who gave the consent may revoke it by giving written notice to the person specified 

in the consent.

In a direct placement, if a preplacement assessment is required, and if placement occurs before the preplacement 

assessment is given to the parent or guardian who is placing the minor, then that individual’s time to revoke any consent 

previously given shall be either 5 business days after the date the individual receives the preplacement assessment or the 

remainder of the 7 days, whichever is longer.

If a person revokes consent, the prospective adoptive parent shall, immediately upon request, return the minor to that 

person.

If a person revokes consent, the adoption cannot proceed until another consent is obtained or the person’s parental 

rights are terminated. A second consent to adoption by the same adoptive parents is irrevocable.

A consent shall be void if:

• Before the entry of the adoption decree, the individual who executed the consent establishes by clear and 

convincing evidence that it was obtained by fraud or duress.

• The prospective adoptive parent and the individual who executed the consent mutually agree in writing to set it 

aside.

• The petition to adopt is voluntarily dismissed with prejudice.

• The court dismisses the petition to adopt and no appeal has been taken, or the dismissal has been affirmed on 

appeal and all appeals have been exhausted.

North Dakota

Who Must Consent to an Adoption

Citation: Cent. Code § 14-15-05

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

• The mother of the minor, whether by birth or adoption

• The father of the minor if:

» The minor is the father’s child by adoption, or the father has otherwise legitimated the minor according to the 

laws of the place in which the adoption proceeding is brought.

» The person is presumed to be the biological father of the minor, provided the nonexistence of the father and 

child relationship between them has not been judicially determined. 

• Any individual lawfully entitled to custody of the minor or empowered to consent

• The court having jurisdiction to determine custody of the minor if the legal guardian or custodian of the minor is 

not empowered to consent to the adoption

• The spouse of the minor adopted person

Consent of Child Being Adopted

Citation: Cent. Code § 14-15-05

A child who is age 10 or older must consent to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Cent. Code § 14-15-06

Consent to adoption is not required of:

• A parent who has deserted a child without affording means of identification or who has abandoned a child

• A parent of a child in the custody of another if the parent for a period of at least 1 year has failed significantly 

without justifiable cause to communicate with the child or to provide for the care and support of the child

• The father of a minor if the father’s consent is not required by § 14-15-05(1)

• A parent who has relinquished the right to consent

• A parent whose parental rights have been terminated

• A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent

• Any parent of the adopted person if the adopted person is an adult 

• Any legal guardian or lawful custodian of the child, other than a parent, who has failed to respond in writing to 

a request for consent for a period of 60 days or who, after examination of the guardian’s or custodian’s written 

reasons for withholding consent, is found by the court to be withholding consent unreasonably

• The spouse of the adopted person if the failure of the spouse to consent to the adoption is excused by the 

court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an 

unreasonable withholding of consent

• A parent of the minor if the failure of the parent to consent is excused by the court in the best interests of the 

child by reason of the parent’s prolonged unexplained absence, unavailability, incapacity, or significant failure, 

without justifiable cause, to establish a substantial relationship with the minor or to manifest a significant parental 

interest in the minor, or by reason of inability of the court to identify the parent

When Consent Can Be Executed

Citation: Cent. Code § 14-15-07

The required consent to adoption may be executed at any time after the birth of the child. 

How Consent Must Be Executed

Citation: Cent. Code § 14-15-07

The required consent to adoption must be executed in the following manner:

• If by the individual to be adopted, in the presence of the court

• If by an agency, by the executive head or other authorized representative in the presence of an individual 

authorized to take acknowledgments

• If by any other individual, in the presence of the court or in the presence of an individual authorized to take 

acknowledgments

• If by a court, by appropriate order or certificate 

Revocation of Consent

Citation: Cent. Code § 14-15-08

A consent to adoption cannot be withdrawn after the entry of a decree of adoption.

A consent to adoption may be withdrawn before the entry of a decree of adoption if the court finds, after notice and 

opportunity to be heard is afforded to petitioner, the individual seeking the withdrawal, and the agency placing a 

child for adoption, that the withdrawal is in the best interests of the individual to be adopted and the court orders the 

withdrawal. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Northern Mariana Islands

Who Must Consent to an Adoption

Citation: Commonwealth Code Tit. 8, § 1404

Written consent to the adoption must be executed by:

• The mother

• The legal father of a legitimate child

• An adjudicated or presumed father

• A concerned natural father who has shown a reasonable degree of interest

• Any person or agency having custody

• The court having jurisdiction

Consent of Child Being Adopted

Citation: Commonwealth Code Tit. 8, § 1404(8)

A child who is age 10 or older must consent unless the court, in the child’s best interests, dispenses with consent. 

When Parental Consent Is Not Needed

Citation: Commonwealth Code Tit. 8, § 1405(a)

Consent to adoption is not required of:

• The parent who has:

» Abandoned the child

» Failed to communicate with or support the child

» Relinquished his or her rights or had them terminated

» Been declared incompetent or mentally defective

• Any legal guardian who:

» Fails to respond to a request for consent

» Is found to be withholding consent unreasonably

When Consent Can Be Executed

Citation: Commonwealth Code Tit. 8, § 1406(a)

Consent to the adoption shall be executed at any time after the birth of the child. 

How Consent Must Be Executed

Citation: Commonwealth Code Tit. 8, § 1406(a)

Consent to the adoption shall be executed in the following manner: 

• If by the individual to be adopted, in the presence of the court

• If by an agency, by the executive head or authorized representative, in the presence of a person authorized to take 

acknowledgments

• If by any other person, in the presence of the court or in the presence of a person authorized to take 

acknowledgments

• If by a court, by appropriate order or certificate

A consent that does not name or otherwise identify an adopting parent is valid if the consent contains a statement that 

the consenting person voluntarily executed the consent irrespective of the disclosure of the name or other identification 

of the adopting parent. 

Revocation of Consent

Citation: Commonwealth Code Tit. 8, § 1407

A consent to adoption cannot be withdrawn after the entry of a decree of adoption. 

A consent to adoption may be withdrawn prior to the entry of the adoption decree if the court finds, after notice and 

opportunity to be heard to the petitioner, the person seeking withdrawal, and the agency placing the child, that the 

withdrawal is in the child’s best interests. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Ohio

Who Must Consent to an Adoption

Citation: Rev. Code § 3107.06

An adoption petition may be granted only when written consent has been executed by all of the following unless 

consent is otherwise not required:

• The mother

• The father if:

» The minor was conceived or born while the father was married to the mother.

» The minor is his child by adoption.

» Prior to the date the petition was filed, a court determined that he has a parent-child relationship with the 

minor.

» He acknowledged paternity of the child, and the acknowledgement of paternity has become final.

• The putative father

• Any person or agency having permanent custody of the minor or authorized to consent

Consent of Child Being Adopted

Citation: Rev. Code § 3107.06

A child who is age 12 or older must consent unless the court finds that it is in the child’s best interests to waive the 

requirement. 

When Parental Consent Is Not Needed

Citation: Rev. Code § 3107.07

Consent is not required of:

• A parent who has failed to communicate or support the minor for at least 1 year

• The putative father if:

» He failed to register with the putative father registry within 30 days of the minor’s birth.

» The court finds that he is not the father or he abandoned the minor or the minor’s mother.

• A parent whose parental rights have been terminated

• A parent who is married to the petitioner

• A guardian of an incompetent parent or the child who is found to be withholding consent unreasonably

• The adopted person’s spouse if the failure to consent is due to prolonged absence, unavailability, or incapacity

• Any parent or guardian in a foreign country, if the adopted person has been released for adoption pursuant to the 

laws of that country in a form that satisfies the requirements in the United States

• The father or putative father of a minor conceived as the result of rape

• A court, agency, or person that fails to object within 14 days to a notice of a petition

• Any guardian or other party who has temporary custody of the child

When Consent Can Be Executed

Citation: Rev. Code § 3107.08(A)

The required consent to adoption may be executed at any time after 72 hours after the birth of a minor. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Rev. Code §§ 3107.08; 3107.081

The required consent to adoption shall be executed in the following manner:

• If by the person to be adopted, in the presence of the court

• If by an agency, by the executive head or other authorized representative in the presence of a person authorized 

to take acknowledgments

• If by any other person, in the presence of the court or in the presence of a person authorized to take 

acknowledgments

• If by a juvenile court, by appropriate order

A parent shall do all of the following as a condition of a court accepting the parent’s consent to the minor’s adoption:

• Appear personally before the court

• Sign the form prescribed in § 3107.083(A)(1)(a)

• If the parent is the mother, complete and sign the form prescribed in § 3107.083(A)(1)(c)

The parents of a minor who is less than 6 months old may consent to the minor’s adoption without personally appearing 

before a court if both parents do all of the following:

• Execute a notarized statement of consent to the minor’s adoption before the attorney arranging the adoption

• Sign the form prescribed by § 3107.083

The court shall question the parent to determine that the parent understands the adoption process, the ramifications of 

consenting to the adoption, and that the parent’s consent to the adoption is made voluntarily.

If a minor is to be adopted by a stepparent, the parent who is not married to the stepparent may consent to the minor’s 

adoption without appearing personally before a court if the parent executes consent in the presence of a person 

authorized to take acknowledgments.

If a parent of a minor to be adopted resides in another State, the parent may consent to the minor’s adoption without 

appearing personally before a court if the parent executes consent in the presence of a person authorized to take 

acknowledgments. 

Revocation of Consent

Citation: Rev. Code § 3107.084

A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry 

of a final decree of adoption when no interlocutory order has been entered. The consent of a minor is not voidable by 

reason of the minor’s age.

A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree 

of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the 

best interests of the person to be adopted, and the court by order authorizes the withdrawal of consent. Notice of the 

hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor 

for adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Oklahoma

Who Must Consent to an Adoption

Citation: Ann. Stat. Tit. 10, § 7503-2.1

Written consent to adoption or a permanent relinquishment for adoption must be executed by:

• Both parents

• One parent alone if:

» The other parent is dead.

» The parental rights of the other parent have been terminated.

» The consent of the other parent is otherwise not required pursuant to § 7505-4.2. 

• The legal guardian or the guardian ad litem of the minor if both parents are dead or if the rights of the parents 

have been terminated by judicial proceedings

• The executive head of a licensed child-placing agency if the minor has been permanently relinquished to such 

agency or the rights of both parents have been judicially terminated and custody of the minor has been legally 

vested in such agency

• Any person having legal custody of a minor by court order

A parent of a minor born in wedlock or a parent who is age 16 or older shall be deemed capable of giving consent to the 

adoption of a minor. 

Consent of Child Being Adopted

Citation: Ann. Stat. Tit. 10, § 7503-2.1

If a minor to be adopted is age 12 or older, he or she must consent before a decree of adoption may be granted unless 

the court makes a finding that it is not in the best interests of the minor to require the minor’s consent. The consent of 

the minor must be given before the court in such form as the court shall direct. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. Tit. 10, § 7505-4.2

Consent to adoption is not required from a putative father who fails to prove he is the father of the child or, for a child 

placed for adoption within 14 months of birth, he fails to show he has exercised parental rights or duties toward the 

child.

Consent to adoption is not required from a parent who:

• For 12 consecutive months out of the last 14 months immediately before the filing of an adoption petition, willfully 

failed, refused, or neglected to contribute to the such child’s support or maintain a substantial and positive 

relationship with the child

• Waives in writing the right to notice of the hearing

• Fails to appear at the hearing if all notice requirements have been met

• Is entitled to custody of a minor and has abandoned the minor

• Has been convicted of physically or sexually abusing the minor or a sibling or failed to protect the minor or a 

sibling from physical or sexual abuse that resulted in severe harm or injury

• Has been convicted of having caused the death of a sibling of the minor as a result of the physical or sexual abuse 

or chronic neglect

• Has been sentenced to a period of incarceration of no less than 10 years and the continuation of parental rights 

would result in harm to the minor

• Has a mental illness or deficiency that renders the parent incapable of adequately and appropriately exercising 

parental rights, duties, and responsibilities

• Has permanently relinquished parental rights and responsibilities to the minor

• Has had his or her parental relationship to a minor legally terminated or legally determined not to exist

• Has voluntarily placed a minor child in the care of a licensed child care institution or child-placing agency if the 

minor has remained in out-of-home care for 18 months or more, and has willfully failed to substantially comply for 

12 consecutive months out of the 14-month period immediately before the filing of the adoption petition with a 

reasonable written plan of care
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ann. Stat. Tit. 10, §§ 7503-2.2; 7503-2.3

Consent may be given as follows:

• The mother of a minor shall not execute a valid consent to the adoption of the minor or a permanent 

relinquishment of the minor prior to the birth of the minor.

• The father of a minor born in wedlock shall not execute a valid consent to the adoption of the minor or a 

permanent relinquishment of the minor prior to the birth of the minor.

• A putative father of a minor may execute a consent to the adoption of the minor, a permanent relinquishment of 

the minor, or an extrajudicial consent to the adoption of the minor before or after the birth of the minor.

• A guardian, guardian ad litem, or legal custodian of a child may execute a consent to the adoption of a minor or a 

permanent relinquishment at any time after being authorized by a court to do so.

• A child-placing agency that places a child for adoption may execute its consent at any time at or before the 

hearing on the petition for adoption.

• A minor age 12 or older whose consent is required may execute a consent to adoption at any time at or before 

the hearing on the petition for adoption.

How Consent Must Be Executed

Citation: Ann. Stat. Tit. 10, §§ 7503-2.4; 7503-2.6; 7503-2.1

A consent must state that the person executing the consent:

• Is voluntarily and unequivocally consenting to the adoption

• Understands that after the consent is executed, it is final and, except for fraud or duress, may not be revoked for 

any reason except as otherwise authorized by law

• Is represented by counsel or has waived any right to counsel

• Retains the duty to support the mother or the minor until the adoption is completed

• Has not received or been promised any money or anything of value for the consent except for payments 

authorized by law

• Indicates whether he or she is a member of an Indian Tribe and whether the minor is eligible for membership or is 

a member of an Indian Tribe

• Believes the adoption of the minor is in the minor’s best interests

A consent may be signed before any judge of a court having probate or adoption jurisdiction in this State or in the State 

of residence of the person executing the consent.

A putative father at least age 16 of a minor born out of wedlock who is not an Indian child may execute an extrajudicial 

consent before a notary public in which the putative father waives any legal interest in the minor, disclaims any legal 

rights with respect to the minor, and consents to the adoption of the minor. An extrajudicial consent may be executed by 

a putative father before or after the birth of the minor.

A man who is the legal husband of the mother of a minor who is not an Indian child may execute an extrajudicial consent 

before a notary public in which he waives any legal interest in the minor, disclaims any legal rights with respect to the 

minor, and consents to the adoption of the minor. An extrajudicial consent may be executed by the father only after the 

birth of the minor.

Consent of a minor parent under age 16 is deemed sufficient when given by a minor parent before a district court judge 

and accompanied by the written consent of the legal guardian or parents of the minor parent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Stat. Tit. 10, §§ 7503-2.7; 7503-2.6

Except as otherwise provided below, a consent to adoption shall be irrevocable.

The court shall set aside a consent to adoption or vacate an order terminating parental rights based upon the execution 

of a permanent relinquishment only if it would be in the best interests of the minor and if the individual who executed 

the permanent relinquishment or consent establishes:

• By a preponderance of the evidence, that without good cause shown, a petition to adopt was not filed within 9 

months after the minor was placed for adoption

• By a preponderance of the evidence, that another consent or permanent relinquishment was not executed or that 

a court decided not to terminate another individual’s parental relationship to the minor

• By clear and convincing evidence, before a decree of adoption is issued or within 3 months of the discovery of the 

fraud, whichever is later, that the consent was obtained by fraud or duress

An extrajudicial consent shall be revocable for any reason for 15 calendar days after the execution of the consent before 

the notary public. 

Oregon

Who Must Consent to an Adoption

Citation: Ann. Stat. §§ 109.312; 109.314; 109.316

Consent in writing to the adoption of a child shall be given by:

• The parents of the child or the survivor of them

• The guardian of the child if the child has no living parent

• The next of kin in this State if the child has no living parent and no guardian

• Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or 

withhold consent if the child has no living parent and no guardian or next of kin qualified to consent

If the legal custody of the child has been awarded in marital dissolution proceedings, the written consent of the person 

to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial 

parent consents to the adoption, the petitioner shall serve on the noncustodial parent a summons and a motion and 

order to show cause why the proposed adoption should not be ordered without the noncustodial parent’s consent, and 

the objections of the noncustodial parent shall be heard if appearance is made.

The Department of Human Services or an approved child-caring agency, acting in loco parentis, may consent to the 

adoption of a child who has been:

• Surrendered to it for the purpose of adoption 

• Permanently committed to it by order of a court of competent jurisdiction 

• Surrendered to it for the purpose of adoption by one parent and permanently committed to it by a court of 

competent jurisdiction having jurisdiction of the other parent

Consent of Child Being Adopted

Citation: Ann. Stat. § 109.328

If the child is age 14 or older, the adoption shall not be made without the consent of the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Stat. §§ 109.322; 109.324; 109.326

An adoption may be granted without the consent of the parent if:

• A parent has been adjudged mentally ill or mentally deficient and remains so at the time of the adoption 

proceedings.

• A parent is imprisoned in a State or Federal prison under a sentence for a term of not less than 3 years and has 

actually served 3 years.

• A parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and 

maintenance for the child for 1 year immediately prior to the filing of the petition for adoption.

• The mother of a child was married at the time of the conception or birth of the child, and it has been determined 

that her husband at such time was not the father of the child; in this case, consent of the husband is not required.

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Stat. §§ 109.312; 109.346; 418.270

Consent must be in writing and its validity attested to by the court or an authorized person. 

A birth parent consenting to an adoption shall receive notice of the birth parent’s right to payment for three adoptionrelated counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoptionrelated counseling after surrender or relinquishment of the child for adoption.

Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent 

by either the attorney for the birth parent, the agency representative taking the birth parent’s consent, or the attorney for 

the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written 

notice shall submit verification to the court that the notice was given to the consenting birth parent.

A parent may execute consent or surrender to a child-placing agency for the purpose of placing the child for adoption by 

that agency. 

Revocation of Consent

Citation: Ann. Stat. § 109.312

A person who gives consent to adoption may agree concurrently or subsequently to the giving of such consent that 

the consent shall be or become irrevocable and may waive such person’s right to a personal appearance in court by a 

duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are 

completed:

• The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the 

consent is given.

• The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of 

competent jurisdiction.

• The court has entered an order appointing the petitioner or some other suitable person as guardian of the child.

• A home study has been filed with the court approving the petitioners as potential adoptive parents.

• Information about the child’s social, medical, and genetic history has been provided by the person giving consent 

to the adoption.

• The person signing the certificate of irrevocability and waiver has been given an explanation of the consequences 

of signing the certificate.

Upon the fulfillment of the conditions above, the consent for adoption may not be revoked unless fraud or duress is 

proved with respect to any material fact.

Consent to the adoption of a child subject to the Indian Child Welfare Act shall not be valid unless the requirements 

of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) are met. In accordance with the Indian Child Welfare Act, a 

certificate of irrevocability is not valid for a child who is subject to the Indian Child Welfare Act. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Pennsylvania

Who Must Consent to an Adoption

Citation: Cons. Stat. Ch. 23, § 2711

Consent to an adoption shall be required of the following:

• The spouse of the adopting parent, unless he or she joins in the adoption petition

• The parents or surviving parent of a child who has not reached age 18 

• The guardian of an incapacitated person to be adopted 

• The guardian or custodian of a child under age 18 whenever the child has no parent whose consent is required

The consent of the husband of the mother shall not be necessary if it is proved to the satisfaction of the court that the 

husband of the natural mother is not the natural father of the child. 

Consent of Child Being Adopted

Citation: Cons. Stat. Ch. 23, § 2711

A child who is age 12 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Cons. Stat. Ch. 23, §§ 2713; 2714; 2511

The consent of the parent is not required when:

• The person to be adopted is age 18 or older.

• The child is under age 18 and has no parent living whose consent is required.

• The parental rights of the parent have been terminated.

• The court finds that grounds exist for involuntary termination under § 2511.

The rights of a parent in regard to a child may be terminated when the parent:

• Has refused or failed to perform parental duties

• Has harmed the child through repeated and continued incapacity, abuse, or neglect

• Is the presumptive but not the natural father of the child

• Is unknown or cannot be found and does not claim the child within 3 months after the child is found

• Has a child in out-of-home care and cannot or will not remedy those conditions that led to the removal or 

placement of the child within a reasonable period of time

• In the case of a newborn child, knows or has reason to know of the child’s birth, does not reside with the child, 

has not married the child’s other parent, and has failed for a period of 4 months to make reasonable efforts to 

maintain substantial and continuing contact with the child or to support the child 

• Is the father of a child conceived as a result of a rape or incest

• Has not remedied conditions that led to the removal of the child, 12 months or more have elapsed since the 

child’s removal, and termination of parental rights would best serve the needs and welfare of the child

• Has been convicted of criminal homicide or aggravated assault, and the victim was a child of the parent

When Consent Can Be Executed

Citation: Cons. Stat. Ch. 23, § 2711

No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child. A putative father may 

execute consent at any time after receiving notice of the expected or actual birth of the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Cons. Stat. Ch. 23, §§ 2501-2504; 2711(d)

When a child under age 18 has been in the care of an agency for 3 days, or the agency has received a written notice 

executed by the parent of the intent to transfer to it custody of the child, the parent of the child may petition the court 

for permission to relinquish forever all parental rights and duties with respect to the child.

The written consent of a parent or guardian of a petitioner who has not reached age 18 shall not be required. The 

consent of the agency to accept custody of the child until the child is adopted shall be required.

When any child under age 18 has been for 3 days in the exclusive care of an adult who has filed a report of intention to 

adopt, the parent of the child may petition the court for permission to relinquish forever all parental rights to the child.

The written consent of a parent or guardian of a petitioner who has not reached age 18 shall not be required. The adults 

having care of the child shall file a separate consent to accept custody of the child.

Upon presentation of a petition to relinquish parental rights, the court shall hold a hearing within 10 days. The petitioner 

must appear at the hearing. After the hearing, the court may enter a decree of termination of parental rights.

If a putative father fails to file a petition, appear at the hearing, or file a written objection to the termination and has not 

filed a claim of paternity, the court may enter a decree terminating the parental rights of the putative father.

If the parent of the child has executed consent, upon petition by the intermediary or, where there is no intermediary, 

by the adoptive parent, the court shall hold a hearing to confirm a consent to an adoption. The original consent to the 

adoption shall be attached to the petition.

The consent shall include the date and place of its execution and names and addresses and signatures of at least two 

persons who witnessed its execution and their relationship to the consenter. 

Revocation of Consent

Citation: Cons. Stat. Ch. 23, § 2711

The revocation of a consent shall be in writing and shall be served upon the agency or adult to whom the child was 

relinquished. The following apply:

• For a consent executed by a birth father or a putative father, the consent is irrevocable more than 30 days after 

the birth of the child or the execution of the consent, whichever occurs later.

• For a consent executed by a birth mother, the consent is irrevocable more than 30 days after the execution of the 

consent.

An individual who executed a consent to an adoption may challenge the validity of the consent only by filing a petition 

alleging fraud or duress within the earlier of the following timeframes:

• 60 days after the birth of the child or the execution of the consent, whichever occurs later 

• 30 days after the entry of the adoption decree

A consent to an adoption may be invalidated only if the alleged fraud or duress is proven by:

• A preponderance of the evidence in the case of consent by a person age 21 or younger

• Clear and convincing evidence in all other cases
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Puerto Rico

Who Must Consent to an Adoption

Citation: Ann. Laws Tit. 31, § 535

The following persons shall give consent to adoption before the court:

• The adopting parents

• The father, mother, or parents of the child who, at the moment of the adoption, possesses his or her patria 

potestas, as well as the father or mother who, due to a divorce decree, does not possess the patria potestas of a 

minor

• The father or mother who, on the date the petition is filed, has acknowledged the minor to be adopted as his or 

her child

• The Secretary of the Department of the Family when an unnemancipated minor to be adopted is under his or her 

guardianship and care and whose father, mother, or parents have been deprived of patria potestas

• The special or legal guardian designated for the purpose of consenting to the adoption

• The parents who are minors, but over age 18, who are married to each other on the date the adoption petition is 

filed

• The biological grandparents when the biological parents are unemancipated minors

• In the absence of the biological grandparents, the minor parents’ court-appointed public defender

Note: In Puerto Rico, the age of majority is 21 (see tit. 31, § 971). 

Consent of Child Being Adopted

Citation: Ann. Laws Tit. 31, § 535

A child who is age 10 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Ann. Laws Tit. 31, § 535

The consent of the parents shall not be required in the following cases:

• When both or either parent have been deprived of patria potestas according to the provisions of §§ 632 through 

634c of this title, and pursuant to any other legal provisions in effect that apply to these cases

• When the adopted person is a minor emancipated by judicial decree or granted by the father, mother, or parents 

with patria potestas and when the adopted person is duly qualified for adoption 

• When the father, mother, or parents called upon to consent are disqualified by judicial decree or when their 

whereabouts are unknown or they are declared absent from the jurisdiction of Puerto Rico

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Laws Tit. 32, § 2699b

Written consent of parents shall be attached to the adoption petition. 

Revocation of Consent

Citation: Ann. Laws Tit. 32, § 2699q

The adoption decree is voidable when parties entitled to notice have not been notified, when there are flaws or defects 

in the parental consents, or when there has been fraud. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Rhode Island

Who Must Consent to an Adoption

Citation: Gen. Laws §§ 15-7-5; 15-7-10

The parents of the child, or their survivor, shall consent in writing to the adoption. If neither parent is living, consent may 

be given by:

• The guardian of the person of the child

• The next of kin if there is no guardian

• A suitable person appointed by the court as next friend of the child if there is no next of kin

If the child to be adopted is age 18 or older, the consent of or notice to the child’s parents or other person in the child’s 

behalf shall not be required.

No minor parent may give a binding consent to any adoption petition or to any termination of rights except with the 

consent of one of the parents, guardian, or guardian ad litem of the minor parent.

When the petitioners are one of the natural parents of the child and his or her spouse or one of the grandparents of the 

child, and the child is residing with the petitioners at the time the petition is filed, and if the noncustodial parent refused 

to consent to the adoption, the court shall determine whether the noncustodial parent’s rights shall be terminated 

involuntarily. The court may grant the petition without a noncustodial parent’s consent if the petitioners prove by 

clear and convincing evidence any of the grounds set forth in § 15-7-7(a)(1), (2), or (4). The court shall give primary 

consideration to the physical, psychological, mental, and intellectual needs of the child. 

Consent of Child Being Adopted

Citation: Gen. Laws § 15-7-5

If the child is age 14 or older, the adoption shall not be made without the child’s consent.

When Parental Consent Is Not Needed

Citation: Gen. Laws § 15-7-7

The court shall terminate any and all legal rights of the parent to the child, including the right to notice of any 

subsequent adoption proceedings involving the child, if the court finds as a fact by clear and convincing evidence that:

• The parent has willfully neglected to provide proper care and maintenance for the child for a period of at least 1 

year where financially able to do so.

• The parent is unfit by reason of conduct or conditions seriously detrimental to the child, such as, but not limited 

to:

» Institutionalization of the parent, including imprisonment, for a duration as to render it improbable for the 

parent to care for the child for an extended period of time

» Conduct toward any child of a cruel or abusive nature

» A chronic substance abuse problem that has made the parent unable to adequately care for the child

» Inability to correct conditions that led to termination of rights to another child

» Subjecting the child to aggravated circumstances, including abandonment, torture, chronic abuse, or sexual 

abuse

» Commission of murder, voluntary manslaughter, or felony assault resulting in serious bodily injury on that child 

or another of his or her children

» Behavior or conduct that is seriously detrimental to the child for a duration as to render it improbable for the 

parent to care for the child for an extended period of time

• The child has been placed in the legal custody or care of the department for at least 12 months, and the parents 

were offered or received services to correct the situation that led to the placement, and it is still unsafe for the 

child to return home.

• The parent has abandoned or deserted the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Gen. Laws § 15-7-6

Termination of rights or consent to adoption may not be executed sooner than 15 days after the child’s birth. 

How Consent Must Be Executed

Citation: Gen. Laws § 15-7-6

Any governmental or duly licensed child-placing agency in this State, at the request of the natural parent or parents of 

a child under age 18, may petition the family court for the termination of the rights of the natural parents of the child to 

consent to its adoption. After any notice to the natural parents that the court deems proper, a hearing shall be held prior 

to the hearing on the petition for adoption in the family court. If the family court finds, after examination of the parent or 

parents, that the parent or parents freely join in the petition and that the granting of the petition is for the best interests 

of the child, it shall decree that in the hearing on the adoption of the child the consent of the natural parents as provided 

above shall be unnecessary and that the agency shall be the sole party to give or withhold consent. The granting of the 

petition to give or withhold consent to the child placement agency shall also make the agency the guardian of the child 

for all purposes. 

Revocation of Consent

Citation: Gen. Laws § 15-7-21.1

A decree of adoption or a termination of a parent’s right to give or withhold consent for adoption shall not be subject to 

a challenge or petition to reverse unless the challenge or petition is filed in the family court 180 days after the decree or 

order is entered.

In the event a challenge is brought within the 180-day period by an individual whose parental relationship to a child 

is terminated or by any individual who is asserting a parental relationship to the child, the family court shall deny the 

challenge unless the court finds by clear and convincing evidence that the decree or order is not in the best interests of 

the child. 

South Carolina

Who Must Consent to an Adoption

Citation: Ann. Code § 63-9-310

Consent or relinquishment for the purpose of adoption is required of the following persons:

• The parents or surviving parent of a child conceived or born during the marriage of the parents

• The mother of a child born when the mother was not married

• The father of a child born when the father was not married to the child’s mother if the child was placed with the 

prospective adoptive parents more than 6 months after the child’s birth, but only if the father has maintained 

substantial and continuous or repeated contact with the child 

• The father of a child born when the father was not married to the child’s mother if the child was placed with the 

prospective adoptive parents less than 6 months after the child’s birth, but only if the father openly lived with the 

child or the child’s mother for a continuous period of 6 months and openly held himself out to be the father or 

paid a fair and reasonable sum for the support of the child

Consent or relinquishment for the purpose of adoption is required of the legal guardian, child-placing agency, or legal 

custodian of the child if authority to execute a consent or relinquishment has been vested legally in the agency or person 

and both parents of the child are deceased or their parental rights have been judicially terminated.

Consent is required of the child-placing agency or person facilitating the placement of the child for adoption if the child 

has been relinquished for adoption to the agency or person. 

Consent or relinquishment for the purpose of adoption given by a parent who is a minor is not subject to revocation by 

reason of the parent’s minority.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Consent of Child Being Adopted

Citation: Ann. Code § 63-9-310

A child who is age 14 or older must consent to the adoption except where the court finds that the child lacks the mental 

capacity to consent or that it is not in the child’s best interests. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 63-9-320

Consent or relinquishment for the purpose of adoption is not required of the following persons:

• A parent whose parental rights have been terminated 

• A parent whom the family court finds to be mentally incapable of giving consent or relinquishment for the purpose 

of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the child and whose 

capacity is unlikely to be restored for a reasonable period of time, and, in the court’s judgment, it would be 

detrimental to the child to delay adoption

• The biological parent of a child conceived as a result of that parent’s criminal sexual conduct or incest

A parent who has executed a relinquishment pursuant to § 63-9-330 to a person facilitating the adoption or to a childplacing agency for the purpose of adoption of his child is not required also to execute a separate consent document. 

When Consent Can Be Executed

Citation: Ann. Code § 63-9-330

Consent may be given at any time after the child’s birth.

How Consent Must Be Executed

Citation: Ann. Code §§ 63-9-330; 63-9-340

Consent or relinquishment for the purpose of adoption must be made by a sworn document, signed by the person or 

the head of the agency giving consent or relinquishment after the birth of the child.

The sworn document that gives consent must be signed in the presence of two witnesses, one of whom must be one of 

the following:

• A judge of any family court

• An attorney licensed to practice law in South Carolina who does not represent the prospective adoption 

petitioners

• A person certified by the State Department of Social Services to obtain consents or relinquishments

• When the consent or relinquishment is obtained outside the State, by an attorney licensed to practice law in that 

State, by a person designated by an agency of that State, by a person or agency authorized by that State’s law to 

obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that 

State authorized by a South Carolina family court

The persons who witness the signing of the consent shall attach to the document written certification signed by each 

witness that before the signing of the document, the provisions of the document were discussed with the person giving 

consent, and that based on this discussion, it is each witness’s opinion that consent or relinquishment is being given 

voluntarily and that it is not being obtained under duress or through coercion. 

Revocation of Consent

Citation: Ann. Code §§ 63-9-330; 63-9-350

The written consent must attest that the person giving consent understands that consent or relinquishment once 

given must not be withdrawn unless the court finds that it is in the best interests of the child and that the consent or 

relinquishment was not given voluntarily or was obtained under duress or through coercion. The written consent must 

also attest that the entry of the final decree of adoption renders any consent or relinquishment irrevocable.

Withdrawal of any consent or relinquishment is not permitted except by order of the court after notice and opportunity 

to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interests 

of the child and that the consent or relinquishment was not given voluntarily or was obtained under duress or through 

coercion. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the 

family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

South Dakota

Who Must Consent to an Adoption

Citation: Codified Laws § 25-6-4

No child may be adopted without the consent of the child’s parents. 

Consent of Child Being Adopted

Citation: Codified Laws § 25-6-5

A child who is age 12 or older must consent to the adoption. 

When Parental Consent Is Not Needed

Citation: Codified Laws § 25-6-4

If it is in the best interests of the child, the court may waive consent from a parent or putative father who:

• Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion 

of the court, will deprive the child of the parent’s companionship for a critical period of time

• Has, by clear and convincing evidence, abandoned the child for 6 months or more immediately prior to the filing 

of the petition

• Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary 

parental care and protection

• Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, 

or other care necessary for the child’s health, morals, or welfare or has neglected to pay for such subsistence, 

education, or other care, if legal custody of the child is lodged with others and such payment has been ordered by 

the court

• Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs

• Has been judicially deprived of the custody of the child if the adjudication is final on appeal to the court of last 

resort or the time for an appeal has expired

• Has caused the child to be conceived as a result of rape or incest

• Does not appear personally or by counsel at the hearing to terminate parental rights after notice was received at 

least 30 days prior to the hearing

When Consent Can Be Executed

Citation: Codified Laws § 25-5A-4

No petition to terminate rights or consent to adoption may be filed until 5 days after the child’s birth.

How Consent Must Be Executed

Citation: Codified Laws §§ 25-6-12; 25-5A-16

Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons 

whose consent is necessary shall execute their consent in writing, and the person adopting shall execute an agreement 

to the effect that the child adopted shall be treated in all respects as his or her own. The consent forms and the 

agreement of the person adopting shall be filed with the court.

At the time of the hearing on the petition, the person adopting the child and the child to be adopted shall appear in 

court. All persons whose consent is necessary, except the child and the person adopting the child, may be represented 

by a person who has power of attorney. A guardian may appear on behalf of the child, or a duly incorporated home or 

society for the care of dependent or neglected children may, by its authorized officer or agent, consent to the adoption 

of a child surrendered to such home or society by a court of competent jurisdiction. The Department of Social Services 

may appear in court and consent to the adoption of a child surrendered to it by any court of competent jurisdiction or, if 

the department has custody of a child by written agreement of a parent or parents with power of attorney to consent to 

adoption, by the officer of the department holding such power of attorney.

At the time of the hearing, the court, after full and complete inquiry, shall determine whether the petitioner or petitioners 

are fully aware of the purpose of the proceedings and the consequences of their act. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Codified Laws § 25-6-21

Except in any case involving fraud, any proceeding for the adoption of a child shall be in all things legalized, cured, and 

validated 1 year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, 

that person must initiate any action to enforce such right or claim within 1 year of the date when the proceeding is 

finalized, unless a 2 year statute of limitations is imposed by the Indian Child Welfare Act. 

Tennessee

Who Must Consent to an Adoption

Citation: Ann. Code §§ 36-1-110; 36-1-117

The following persons must be made parties to an adoption proceeding:

• The parent, the legal parent, or the guardian

• The putative biological father of the child

A parent who has not reached age 18 shall have the legal capacity to surrender a child or otherwise give parental 

consent to adoption or execute a waiver of interest and to release his or her rights to the child and shall be as fully 

bound thereby as if the parent had attained age 18.

The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered 

or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent 

with respect to surrender, parental consent, waiver, or termination of the minor parent’s parental rights. 

Consent of Child Being Adopted

Citation: Ann. Code § 36-1-117

When the child who is the subject of the adoption is age 14 or older, the adoption court must receive the sworn, written 

consent of the child to the adoption. The court shall receive the consent and testimony from the child in chambers with 

only the child and a guardian ad litem if required and appointed by the court. 

If the child is mentally disabled, the court shall appoint a guardian ad litem to give or withhold consent for the child. 

When Parental Consent Is Not Needed

Citation: Ann. Code § 36-1-117

The parent, legal parent, guardian, or putative biological father of the child shall not be made a party to the adoption 

proceeding if he or she:

• Has surrendered parental or guardianship rights to the child

• Has executed a parental consent that has been confirmed by the court

• Has waived his or her rights or has had his or her rights terminated by the order of a court of competent 

jurisdiction

When Consent Can Be Executed

Citation: Ann. Code § 36-1-111

No surrender or parental consent shall be valid that is made within 3 calendar days after the date of the child’s birth 

beginning on the day following the child’s birth. The court may, for good cause shown, waive this waiting period. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

How Consent Must Be Executed

Citation: Ann. Code § 36-1-111(b)

All surrenders must be made in chambers before a judge of the chancery, circuit, or juvenile court, and the court 

shall advise the person or persons surrendering the child of the right of revocation of the surrender and time for the 

revocation and the procedure for that revocation.

No surrender or parental consent shall be sufficient to make a child available for adoption when any other person, the 

department, a licensed child-placing agency, or other child-caring agency is exercising the right to physical custody of 

the child.

When the person executing the surrender resides in another State or territory of the United States, the surrender may be 

made in accordance with the laws of that State or territory or may be made before the judge of such State or territory, 

and such surrender shall be valid for use in adoptions in this State.

When the surrendering person resides or is temporarily in a foreign country, the surrender may be made before any 

officer of the U.S. armed forces or foreign service authorized to administer oaths.

When the person executing the surrender is incarcerated in a State or Federal penitentiary, the surrender may be 

executed before the warden of the penitentiary. The signature of the person executing the surrender and the warden 

must be acknowledged before a notary public.

In all other respects, the court or other persons authorized to accept surrenders must witness the actual act of surrender 

or must confirm the parental consent by verifying directly with the parent or guardian the parent’s or guardian’s 

understanding and willingness to terminate parental rights, by witnessing the parent’s or guardian’s signature on the 

surrender form, or by questioning the parent before the entry of an order of confirmation of the parental consent. 

Revocation of Consent

Citation: Ann. Code § 36-1-112

A person who executed a surrender may revoke the surrender at any time within 10 calendar days of the date of the 

surrender. The surrender shall be revoked by appearing before the judge who accepted the surrender or the judge’s 

successor or substitute. The revocation of the surrender shall be executed under oath by the parent or guardian who 

executed the surrender of the child, and the judge or other person who accepted the surrender shall sign and date the 

revocation form.

No surrender may be revoked by the person surrendering the child or set aside by a court after the expiration of the 

10-day period except as the surrender may be invalidated by court order entered pursuant to a timely filed complaint or 

as permitted by order of the court entered pursuant to § 36-1-118.

A parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent 

by the court. The parent who executed the parental consent shall appear before the judge of the court in which the 

adoption petition is filed and shall execute a revocation of the parental consent.

After the revocation period has expired or after the court has entered an order confirming a parental consent, no 

surrender or waiver of interest or parental consent shall be set aside by a court except upon clear and convincing 

evidence of duress, fraud, intentional misrepresentation, or invalidity, and no surrender, waiver of interest, or parental 

consent may be set aside for any reason unless the action based on these grounds is initiated within 30 days of the 

execution of the surrender or within 30 days of the date of entry of the order of confirmation of parental consent. 

Texas

Who Must Consent to an Adoption

Citation: Fam. Code § 162.010

Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must 

be filed. 

If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption, and 

further consent of that parent is not required. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Consent of Child Being Adopted

Citation: Fam. Code § 162.010

A child who is age 12 or older must consent unless the court finds it in the child’s best interests to waive consent. 

When Parental Consent Is Not Needed

Citation: Fam. Code §§ 161.001 through 161.007; 162.010

Consent of the parent is not required when:

• The parent is unable to care for the child due to mental illness.

• The parent has voluntarily terminated parental rights.

• The parent has no right of consent after an abortion when the child survives.

• A person is convicted of a crime resulting in the birth of a child.

• The parent’s rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or 

neglect.

The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being 

refused or has been revoked without good cause. 

When Consent Can Be Executed

Citation: Fam. Code §§ 161.103; 161.106

An affidavit for voluntary relinquishment of parental rights must be signed after the birth of the child but not before 48 

hours after the birth of the child by the parent, whether or not a minor, whose parental rights are to be relinquished.

A man may sign an affidavit disclaiming any interest in a child before the birth of the child. 

How Consent Must Be Executed

Citation: Fam. Code §§ 161.103; 161.106

An affidavit for voluntary relinquishment of parental rights must be signed by the parent, whether or not a minor, whose 

parental rights are to be relinquished, witnessed by two credible persons, and verified before a person authorized to take 

oaths. The affidavit must contain:

• The name, address, and age of the parent whose parental rights are being relinquished

• The name, age, and birth date of the child

• The names and addresses of the guardians of the child, if any

• A statement that the person signing the affidavit is or is not presently obligated to make payments for the support 

of the child

• A description of all property owned by the child

• An allegation that termination of the parent-child relationship is in the best interests of the child

• The name and address of the other parent or a statement that the parental rights of the other parent have been 

terminated or that the child has no presumed father

• A statement that the parent has been informed of parental rights and duties

• A statement that the relinquishment is revocable, irrevocable, or irrevocable for a stated period of time

• The designation of a prospective adoptive parent, the department, or a licensed child-placing agency to serve as 

managing conservator of the child

The affidavit may not contain terms for limited posttermination contact between the child and the parent whose parental 

rights are to be relinquished as a condition of the relinquishment of parental rights.

A man may sign an affidavit disclaiming any interest in a child and waiving notice in any suit filed or to be filed affecting 

the parent-child relationship. The affidavit shall be signed by the man, whether or not a minor, witnessed by two credible 

persons, and verified before a person authorized to take oaths.

The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual 

relationship with the mother of the child. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Fam. Code §§ 161.1035; 162.011; 161.103; 161.106

At any time before an order granting the adoption of the child is rendered, a consent required by § 162.010 may be 

revoked by filing a signed revocation.

An affidavit of relinquishment of parental rights that fails to state that the relinquishment is irrevocable for a stated time 

is:

• Revocable only if the revocation is made before the 11th day after the date the affidavit is executed 

• Irrevocable on or after the 11th day after the date the affidavit is executed

Utah

Who Must Consent to an Adoption

Citation: Ann. Code §§ 78B-6-120; 78B-6-123

Consent to adoption of a child or relinquishment of a child for adoption is required from:

• A man who by operation of law under § 78B-15-204 is recognized as the father of the proposed adopted child or 

is the father of the child by a previous legal adoption

• The mother of the child

• Any biological parent who has been adjudicated to be the child’s biological father by a court of competent 

jurisdiction prior to the mother’s execution of consent to adoption or her relinquishment of the child for adoption

• Any biological parent who has executed and filed a voluntary declaration of paternity with the State Registrar 

of Vital Statistics within the Department of Health, prior to the mother’s execution of consent to adoption or her 

relinquishment of the child for adoption

• An unmarried biological father of the child only if he strictly complies with requirements to develop a substantial 

relationship with the child, openly acknowledge himself to be the father, initiate paternity proceedings, and agrees 

to support the child

• The person or agency to whom the child has been relinquished and that is placing the child for adoption

A minor parent has the power to consent to the adoption of his or her child and relinquish his or her control or custody 

of the child for adoption. The consent or relinquishment is valid and has the same force and effect as a consent or 

relinquishment executed by an adult parent.

A minor parent, having executed a consent or relinquishment, cannot revoke that consent upon reaching the age of 

majority or otherwise by becoming emancipated. 

Consent of Child Being Adopted

Citation: Ann. Code § 78B-6-120

A child who is age 12 or older must consent to the adoption unless he or she does not have the capacity to consent. 

When Parental Consent Is Not Needed

Citation: Ann. Code §§ 78B-6-120;78B-6-121; 78B-6-111

The consent of a parent is not required if the adopted person is age 18 or older. The consent of a parent is not required 

if the person’s parental rights relating to the child have been terminated.

The consent of an unmarried biological father is not required if:

• The court determines that the unmarried biological father’s rights should be terminated based on the petition of 

any interested party.

• A declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded.

• The unmarried biological father fails to comply with requirements to initiate proceedings to establish his paternity 

of the child.

A biological father is not entitled to notice of an adoption proceeding, nor is the consent of a biological father required 

in connection with an adoption proceeding, in cases where it is shown that the child who is the subject of the proceeding 

was conceived as a result of conduct that would constitute any sexual offense, regardless of whether the biological father 

is formally charged with or convicted of a criminal offense. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ann. Code § 78B-6-125 

A birth mother may not consent to the adoption of her child or relinquish control or custody of her child until at least 24 

hours after the birth of her child.

The consent or relinquishment of any other person as required by §§ 78B-6-120 and 78B-6-121 may be executed at any 

time, including prior to the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Code § 78B-6-124

A consent or relinquishment by a birth mother or an adopted person shall be signed before:

• A judge of any court that has jurisdiction over adoption proceedings or a person appointed by that judge for the 

purpose of taking consents or relinquishments

• A person who is authorized by a licensed child-placing agency to take consents or relinquishments if the consent 

or relinquishment grants legal custody of the child to a child-placing agency or an extra-jurisdictional child-placing 

agency 

If the consent or relinquishment of a birth mother or adopted person is taken out of State, it shall be signed before:

• A person who is authorized by a child-placing agency to take consents or relinquishments

• A person authorized or appointed to take consents or relinquishments by a court of this State that has jurisdiction 

over adoption proceedings

• A court that has jurisdiction over adoption proceedings in the State where the consent or relinquishment is taken

• A person authorized, under the laws of the State where the consent or relinquishment is taken, to take consents or 

relinquishments of a birth mother or adopted person

The consent or relinquishment of any other person or agency as required by § 78B-6-120 may be signed before a notary 

public or any person authorized to take a consent or relinquishment.

A person authorized to take consents or relinquishments shall certify to the best of his or her information and belief that 

the person executing the consent or relinquishment has read and understands the consent or relinquishment and has 

signed it freely and voluntarily.

A person executing a consent or relinquishment is entitled to receive a copy of the consent or relinquishment. 

Revocation of Consent

Citation: Ann. Code § 78B-6-126

A consent or relinquishment is effective when it is signed and may not be revoked. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Vermont

Who Must Consent to an Adoption

Citation: Ann. Stat. Tit. 15A, § 2-401

In a direct placement of a minor for adoption by a parent or guardian, a petition to adopt the minor may be granted only 

when consent to the adoption has been executed by:

• The woman who gave birth to the minor

• The biological father identified by the mother or as otherwise known to the court

• A man who is or has been married to the woman if the minor was born during the marriage or within 300 days 

after the marriage was terminated or a court issued a decree of separation

• A man who meets all of the following conditions:

» Was not married to the minor’s mother at the time of the child’s birth

» Has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity or has 

filed a notice to retain parental rights 

» Has demonstrated a commitment to the responsibilities of parenthood by establishing a custodial, personal, 

or financial relationship with the child, unless he was prevented from demonstrating such commitment or was 

unable to demonstrate such commitment

• The minor’s guardian if expressly authorized by a court to consent to the minor’s adoption

• The current adoptive or other legally recognized mother and father of the minor

In a placement of a minor for adoption by an agency authorized to place the minor, a petition to adopt the minor may be 

granted only if consent to the adoption has been executed by:

• The agency that placed the minor for adoption

• A person described above who has not relinquished the minor or had his or her parental rights terminated

Consent of Child Being Adopted

Citation: Ann. Stat. Tit. 15A, § 2-401

Unless the court dispenses with the minor’s consent, a petition to adopt a minor who has attained 14 years of age may 

be granted only if, in addition to any consent required above, the minor has executed an informed consent to the 

adoption. 

When Parental Consent Is Not Needed

Citation: Ann. Stat. Tit. 15A, § 2-402

Consent to an adoption of a minor is not required of:

• A person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, 

to an agency

• A person whose parental relationship to the minor has been judicially terminated or determined not to exist

• A man who has not been married to the woman who gave birth to the minor and who, after the conception 

of the minor, executes a notarized statement denying paternity or disclaiming any interest in the minor and 

acknowledging that his statement is irrevocable when executed

• The personal representative of a deceased parent’s estate

• A parent or other person who has not executed a consent or a relinquishment and who fails to file an answer or 

make an appearance in a proceeding for adoption or for termination of a parental relationship within the requisite 

time after service of notice of the proceeding

The court may dispense with the consent of:

• A guardian or an agency whose consent is otherwise required upon a finding that the consent is being withheld 

unreasonably, contrary to the best interests of a minor adopted person

• A minor who is age 14 or older upon a finding that it is not in the best interests of the minor to require the consent
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

Citation: Ann. Stat. Tit. 15A, § 2-404

A parent whose consent to the adoption is required may not execute a consent or a relinquishment sooner than 36 hours 

after the minor is born.

A guardian may execute a consent to the adoption of a minor or a relinquishment at any time after being authorized by a 

court to do so.

An agency that places a minor for adoption may execute its consent at any time before or during the hearing on the 

petition for adoption.

A minor whose consent is required may execute a consent at any time at or before the hearing on the petition for 

adoption. 

How Consent Must Be Executed

Citation: Ann. Stat. Tit. 15A, §§ 2-404; 2-405

Before executing a consent, a parent shall have been informed of the meaning and consequences of adoption, the 

availability of personal and legal counseling, the consequences of misidentifying the other parent, the procedure 

for releasing information about the health and other characteristics of the parent that may affect the physical or 

psychological well-being of the child, and the procedure for the release of the parent’s identity.

A consent executed by a parent or guardian shall be signed in the presence of:

• A judge of a court that has jurisdiction over adoption proceedings in this or in any other State

• A person appointed by a probate judge to take consents 

• A commissioned officer on active duty in the military if the person executing the consent is in military service

• An officer of the foreign service or a consular officer of the United States in another country if the person 

executing the consent is in that country

A consent executed by a minor person to be adopted shall be signed in the presence of the judge before whom the 

proceeding is pending. A parent who is a minor is competent to execute consent if the parent has had the advice of 

an attorney who is not representing an adoptive parent or the agency to which the parent’s child is relinquished. The 

attorney shall be present when the consent is executed.

A prospective adoptive parent named or described in a consent to the adoption of a child shall sign a statement 

indicating an intention to adopt the child, acknowledging an obligation to return legal and physical custody of the 

child to the child’s parent if the parent revokes the consent within the time specified in § 2-404(a), and acknowledging 

responsibility for the minor’s support and medical and other care if the consent is not revoked. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Stat. Tit. 15A, §§ 2-407; 2-408; 2-409

Except as specified below, a consent to adoption that is executed by a parent or guardian is final and irrevocable 21 days 

after execution.

In a direct placement of a minor for adoption by a parent or guardian, and before the adoption is finalized, a consent is 

revoked if:

• Within 21 days after the consent is executed, the parent who executed the consent notifies the court in writing 

that he or she revokes the consent.

• The person who executed the consent and the prospective adoptive parent agree to its revocation.

In a direct placement by a parent or guardian, the court shall set aside the consent if the person who executed the 

consent establishes:

• By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud 

or duress

• By a preponderance of the evidence before a decree of adoption is issued that, without good cause shown, a 

petition to adopt was not filed within 45 days after the minor was placed for adoption, unless the 45-day period 

was extended by the court, in which event the petition to adopt was not filed within the extended period set by 

the court

• By a preponderance of the evidence, that a condition permitting revocation has occurred 

A relinquishment is revoked if:

• Within 21 days after a relinquishment is executed, a parent who executed the relinquishment gives written notice 

to the court and the agency to which the minor has been relinquished that the parent revokes the relinquishment.

• The person who executed the relinquishment and the agency that accepted it agree to its revocation.

The court shall set aside a relinquishment if the person who executed the relinquishment establishes: 

• By clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by 

fraud or duress

• By a preponderance of the evidence that a condition permitting revocation has occurred

Virgin Islands

Who Must Consent to an Adoption

Citation: Ann. Code Tit. 16, § 142(a)

Consent must be given by:

• The parents of the child or the survivor of them

• If neither parent is living, the guardian of the child

• If there is no guardian, the next of kin in the Virgin Islands

• If there is no next of kin, a guardian ad litem appointed by the court

Consent of Child Being Adopted

Citation: Ann. Code Tit. 16, § 144

If the child is age 14 or older, the adoption shall not be made without his or her consent given to the court on privy 

examination. 

When Parental Consent Is Not Needed

Citation: Ann. Code Tit. 16, § 142(b)

The consent of the parent is not required if either parent:

• Is insane or imprisoned in a penitentiary under sentence for a term not less than 2 years

• Has willfully deserted and neglected to provide proper care and maintenance for the child for 1 year immediately 

prior to the filing of the petition

• Is an unfit person to have the care and custody of the child
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed. 

How Consent Must Be Executed

Citation: Ann. Code Tit. 16, § 142(a)

Consent must be in writing. 

Revocation of Consent

This issue is not addressed in the statutes reviewed. 

Virginia

Who Must Consent to an Adoption

Citation: Ann. Code §§ 63.2-1202; 63.2-1241

Consent shall be executed by:

• The birth mother

• Any man who:

» Is an acknowledged father under § 20-49.1

» Is an adjudicated father under § 20-49.8

» Is a presumed father

» Has registered with the Putative Father Registry 

• The child-placing agency or the local board having custody of the child, with the right to place the child for 

adoption, through court commitment or parental agreement

• An agency outside the Commonwealth that is licensed or otherwise duly authorized to place children for adoption 

by virtue of the laws under which it operates

In a stepparent adoption, the adoption may be granted when:

• The noncustodial birth parent consents, under oath and in writing, to the adoption.

• The mother swears, under oath and in writing, that the identity of the father is not reasonably ascertainable, 

rendering his consent unnecessary.

• The acknowledged, adjudicated, presumed, or putative father named by the mother denies paternity of the child, 

rendering his consent unnecessary.

• The child is age 14 or older and has lived in the home of the person desiring to adopt the child for at least 5 years.

• The noncustodial birth parent is deceased.

• The noncustodial birth parent executes a denial of paternity under oath and in writing.

• The child is the result of surrogacy and the noncustodial birth parent consents to the adoption in writing.

• The noncustodial birth parent:

» Is not an acknowledged father

» Is not an adjudicated father

» Is not a presumed father

» Is not a putative father who has registered with the Putative Father Registry, and the putative father’s identity is 

not reasonably ascertainable

Consent of Child Being Adopted

Citation: Ann. Code § 63.2-1202

Consent must be executed by the child if he or she is age 14 or older unless the circuit court finds that the best interests 

of the child will be served by not requiring such consent. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Code § 63.2-1202

No consent shall be required if:

• A birth father denies, under oath and in writing, the paternity of the child.

• The birth father is convicted of rape, statutory rape, incest, or an equivalent offense of another State or any 

foreign jurisdiction, and the child was conceived as a result of such violation.

• Any person has had his or her parental rights terminated by a court of competent jurisdiction.

• A birth parent, without just cause, has neither visited nor contacted the child for a period of 6 months prior to the 

filing of the petition for adoption.

The failure of the nonconsenting party to appear at the scheduled hearing, either in person or by counsel, after proper 

notice has been given, shall constitute a waiver of any objection and right to consent to the adoption. 

When Consent Can Be Executed

Citation: Ann. Code §§ 63.2-1202; 63.2-1233

A birth father may consent to the termination of all of his parental rights prior to the birth of the child.

In a direct parental placement, the adoptive child must be at least in the third calendar day of life before the birth 

parents can execute consent before the juvenile and domestic relations court.

How Consent Must Be Executed

Citation: Ann. Code §§ 63.2-1202; 63.2-1233

No petition for adoption shall be granted unless written consent to the proposed adoption is filed with the petition. 

Such consent shall be in writing, signed under oath, and acknowledged before an officer authorized by law to take 

acknowledgments. A birth parent who is under age 18 shall have legal capacity to give consent to adoption and perform 

all acts related to adoption and shall be as fully bound thereby as if the birth parent had attained age 18.

In a direct parental placement, the birth parent or both birth parents, as the case may be, shall execute consent to 

the proposed adoption when they come before the juvenile and domestic relations district court in person and in the 

presence of the prospective adoptive parents. The juvenile and domestic relations district court shall accept the consent 

of the birth parent(s) and transfer custody of the child to the prospective adoptive parents, pending notification to any 

nonconsenting birth parent.

The execution of consent before the juvenile and domestic relations district court shall not be required of a birth father 

who is not married to the mother of the child at the time of the child’s conception or birth if the birth father consents 

under oath and in writing to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code §§ 63.2-1204; 63.2-1223; 63.2-1234

Parental consent to an adoption shall be revocable prior to the final order of adoption under these conditions:

• Upon proof of fraud or duress 

• After placement of the child in an adoptive home, upon written, mutual consent of the birth parents and 

prospective adoptive parents or child-placing agency

A valid entrustment agreement terminating all parental rights and responsibilities to the child shall be revocable by either 

of the birth parents until the child has reached the age of 10 days, and 7 days have elapsed from the date of execution 

of the agreement. In addition, a valid entrustment agreement shall be revocable by either of the birth parents if the 

child has not been placed in the physical custody of adoptive parents at the time of such revocation. Revocation of an 

entrustment agreement shall be in writing and signed by the revoking party. The written revocation shall be delivered to 

the child-placing agency or local board to which the child was originally entrusted.

In a direct parental placement, consent shall be revocable by either consenting birth parent for any reason for up to 7 

days from its execution. The 7-day revocation period may be waived in writing at the time of consent provided that the 

child is at least 10 days old and the consenting birth parent acknowledges having received independent legal counsel 

regarding the effect of such waiver. In the case of two consenting birth parents, the waiver by one consenting birth 

parent shall not affect the right of the second consenting birth parent to retain his or her 7-day revocation period.

Such revocation shall be in writing, signed by the revoking party or counsel of record for the revoking party, and filed 

with the clerk of the juvenile and domestic relations district court in which the petition was filed. 

Washington

Who Must Consent to an Adoption

Citation: Rev. Code § 26.33.160

Consent to an adoption shall be required of the following, if applicable:

• The parents and any alleged father of a child under age 18

• An agency or the department to whom the child has been relinquished pursuant to § 26.33.080

• The legal guardian of the child

Consent of Child Being Adopted

Citation: Rev. Code § 26.33.160

A child who is age 14 or older must consent to the adoption. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Rev. Code §§ 26.33.120; 26.33.170

Except in the case of an Indian child, the parental rights of a parent may be terminated upon a showing by clear and 

convincing evidence that it is in the best interests of the child to terminate the relationship, the parent has failed to 

perform parental duties, and the parent is withholding consent to adoption contrary to the best interests of the child.

Except in the case of an Indian child, the parent-child relationship of an alleged father who claims paternity may be 

terminated upon a showing by clear and convincing evidence that it is in the best interests of the child to terminate the 

relationship, that he has failed to perform parental duties under circumstances showing a substantial lack of regard for his 

parental obligations, that he is withholding consent to adoption contrary to the best interests of the child, or that he is 

not the father.

The parent-child relationship of an Indian child and his or her parent or alleged father, where paternity has been claimed 

or established, may be terminated only pursuant to the standards set forth in 25 U.S.C. § 1912(f).

The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to 

appear after being notified of the hearing in the manner required by § 26.33.310.

The consent of an agency, the department, or a legal guardian may be dispensed with if the court determines by clear 

and convincing evidence that the proposed adoption is in the best interests of the child.

The consent of an alleged father, birth parent, or parent may be dispensed with if the court finds that the proposed 

adoption is in the best interests of the child, and the alleged father, birth parent, or parent:

• Has been found guilty of rape or incest where the child was the victim of the rape or incest

• Has been found guilty of rape or incest where the other parent of the child was the victim and the child was 

conceived as a result of the rape or incest

When Consent Can Be Executed

Citation: Rev. Code §§ 26.33.080; 26.33.160

A petition for relinquishment, together with the written consent to adoption, may be filed before the child’s birth. If the 

child is an Indian child, the petition and consent shall not be signed until at least 10 days after the child’s birth and shall 

be recorded before a court of competent jurisdiction pursuant to 25 U.S.C. § 1913(a).

The consent will not be presented to the court until 48 hours after it is signed or 48 hours after the birth of the child, 

whichever occurs later. In the case of a consent to an adoption of an Indian child, no consent shall be valid unless the 

consent is executed in writing more than 10 days after the birth of the child.

How Consent Must Be Executed

Citation: Rev. Code §§ 26.33.080; 26.33.160

A parent, an alleged father, the department, or an agency may file with the court a petition to relinquish a child to the 

department or an agency. The parent’s or alleged father’s written consent to adoption shall accompany the petition. The 

written consent of the department or the agency to assume custody shall be filed with the petition.

The written consent to adoption shall be signed under penalty of perjury and shall state that:

• It is given subject to approval of the court.

• It has no force or effect until approved by the court.

• The birth parent is or is not of Native American or Alaska native ancestry.

• It is revocable by the consenting party at any time before its approval by the court.

• A written consent to adoption that meets all the requirements of this chapter but that does not name or otherwise 

identify the adopting parent is valid if it contains a statement that it is voluntarily executed without disclosure of 

the name or other identification of the adopting parent.

• There must be a witness to the consent of the parent or alleged father. The witness must be at least age 18 and 

selected by the parent or alleged father. The consent document shall contain a statement identifying by name, 

address, and relationship the witness selected by the parent or alleged father.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Rev. Code § 26.33.160

Consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The 

revocation may be made in either of the following ways:

• Written revocation may be delivered or mailed to the clerk of the court before approval.

• Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or 

mailed within 48 hours after a prior notice of revocation that was given within 48 hours after the birth of the child. 

The prior notice of revocation shall be given to the agency or person who sought the consent and may be either 

oral or written.

Consent to adoption may not be revoked after it has been approved by the court. Within 1 year after approval, a consent 

may be revoked for fraud or duress practiced by the person, department, or agency requesting the consent, or for lack of 

mental competency on the part of the person giving the consent at the time the consent was given. A written consent to 

adoption may not be revoked more than 1 year after it is approved by the court.

In the case of consent to an adoption of an Indian child, consent may be withdrawn for any reason at any time prior to 

the entry of the final decree of adoption. Consent may be withdrawn for fraud or duress within 2 years of the entry of the 

final decree of adoption. 

West Virginia

Who Must Consent to an Adoption

Citation: Ann. Code §§ 48-22-301; 49-3-1

Consent to or relinquishment for adoption of a minor child is required of:

• The parents or surviving parent, whether adult or infant, of a marital child

• The outsider father of a marital child who has been adjudicated to be the father of the child or who has filed a 

paternity action that is pending at the time of the filing of the petition for adoption

• The birth mother, whether adult or minor, of a nonmarital child

• The determined father

If all persons entitled to parental rights of the child are deceased or have been deprived of the custody of the child 

by law, then consent or relinquishment is required of the legal guardian or of any other person having legal custody 

of the child at the time. If there is no legal guardian or any person who has legal custody of the child, then consent or 

relinquishment is required from some discreet and suitable person appointed by the court to act as the next friend of the 

child in the adoption proceedings.

Whenever a child welfare agency licensed to place children for adoption or the Department of Health and Human 

Resources has been given the permanent legal and physical custody of any child and the rights of the mother and the 

rights of the legal, determined, putative, outside, or unknown father of the child have been terminated by order of a 

court of competent jurisdiction or by a legally executed relinquishment of parental rights, the child welfare agency or the 

department may consent to the adoption of the child. 

Consent of Child Being Adopted

Citation: Ann. Code § 48-22-301

If the child to be adopted is age 12 or older, the consent of the child is required to be given in the presence of a judge of 

a court of competent jurisdiction unless, for extraordinary cause, the requirement of such consent is waived by the court. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Code § 48-22-301

Consent or relinquishment shall not be required of a parent or of any other person having custody of the child:

• Whose parental rights have been terminated

• Whom the court finds has abandoned the child 

• Who, in a stepparent adoption, is the birth parent or adoptive parent of the child and is married to the petitioning 

adoptive parent

If the mother, legal father, or determined father is under disability, the court may order the adoption if it finds:

• The parental rights of the person are terminated, abandoned, or permanently relinquished.

• The person is incurably insane.

• The disability arises solely because of age and an otherwise valid consent or relinquishment has been given.

When Consent Can Be Executed

Citation: Ann. Code § 48-22-302

No consent or relinquishment may be executed before the expiration of 72 hours after the birth of the child to be 

adopted. 

How Consent Must Be Executed

Citation: Ann. Code §§ 48-22-302; 48-22-304

A consent or relinquishment executed by a parent or guardian must be signed and acknowledged in the presence of one 

of the following:

• A judge of a court of record

• A person whom a judge of a court of record designates to take consents or relinquishments

• A notary public

• A commissioned officer on active duty in the military of the United States if the person executing the consent or 

relinquishment is in military service

• An officer of the foreign service or a consular officer of the United States in another country if the person 

executing the consent or relinquishment is in that country

If a person who has executed a consent to or relinquishment for adoption is under age 18 at the time of the filing of the 

petition, and such minor parent is a resident of the State, the consent or relinquishment shall be specifically reviewed and 

approved by the court, and a guardian ad litem may be appointed to represent the interests of the minor parent. The 

guardian ad litem shall conduct a discreet inquiry regarding the consent or relinquishment given and may inquire of any 

person having knowledge of the consent or relinquishment. If the guardian ad litem finds reasonable cause to believe 

that the consent or relinquishment was obtained by fraud or duress, the court may request the minor parent to appear 

before the court or at a deposition, so that inquiry may be made regarding the circumstances surrounding the execution 

of the consent or relinquishment. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Code §§ 48-22-303; 48-22-305

A consent or relinquishment may provide explicitly for its conditional revocation if:

• Another person whose consent or relinquishment is required does not execute the same within a specified period.

• A court determines not to terminate another person’s parental relationship to the child.

• In a direct placement for adoption, a petition for adoption by a prospective adoptive parent, named or described 

in the consent, is denied or withdrawn.

Parental consent or relinquishment, whether given by an adult or minor, may be revoked only if:

• The person who executed the consent and the prospective adoptive parent named in the consent, or the agency 

in case of relinquishment, agree to its revocation prior to the entry of an adoption order.

• The person who executed the consent proves by clear and convincing evidence, in an action filed either within 6 

months of the date of the execution of the consent or prior to the date an adoption order is final, whichever date 

is later, that the consent or relinquishment was obtained by fraud or duress.

• The person who executed the consent proves by a preponderance of the evidence, prior to the entry of an 

adoption order, that a condition allowing revocation as expressly set forth in the consent has occurred.

• The person who executed the consent proves by clear and convincing evidence, prior to the entry of an adoption 

order, that the consent or relinquishment does not comply with the requirements set forth in this article.

Wisconsin

Who Must Consent to an Adoption

Citation: Ann. Stat. §§ 48.41; 48.42

A parent may consent to a voluntary termination of parental rights. The father of a nonmarital child may consent to the 

termination of any parental rights that he may have.

A petition may also be filed by an agency or other authorized person. The following persons must be given notice of any 

hearing for terminating parental rights:

• The parent or parents of the child unless the child’s parent has waived the right to notice

• If the child is a nonmarital child who is not adopted or whose parents do not subsequently marry each other and 

whose paternity has not been established:

» A person who has filed an unrevoked declaration of paternal interest before the birth of the child or within 14 

days after the birth of the child

» A person or persons alleged to be the father of the child or who may be the father of the child based upon the 

statements of the mother or other information presented to the court, unless that person has waived the right 

to notice 

» A person who has lived in a familial relationship with the child and who may be the father of the child

• If the child is a nonmarital child who is under age 1 at the time the petition is filed and who is not adopted or 

whose parents do not subsequently marry each other and whose paternity has not been established and if an 

affidavit is filed with the petition:

» A person who has filed an unrevoked declaration of paternal interest before the birth of the child, within 14 

days after the birth of the child, or within 21 days after a notice is mailed, whichever is later

» A person who has lived in a familial relationship with the child and who may be the father of the child

• The guardian, guardian ad litem, and legal custodian of the child

• A person whose parental rights have been previously terminated involuntarily to another child

Consent of Child Being Adopted

Citation: Ann. Stat. § 48.42

Any child who is age 12 or older must be given notice to attend the hearing pertaining to his or her adoptive placement.
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

When Parental Consent Is Not Needed

Citation: Ann. Stat. §§ 48.415; 48.42

Notice of a hearing to terminate parental rights need not be sent to a person who may be the father of a nonmarital child 

who is not adopted or whose parents do not subsequently marry each other if his paternity has not been established and 

he has failed to establish his right to notice. In addition, consent is not required of any person whose parental rights have 

been terminated on any of the following grounds:

• Parental rights have been terminated due to failure of the parents to assume responsibility.

• The parent has abandoned the child.

• There is continuing parental disability.

• The parent has abused the child.

• The parent has relinquished custody of the child when the child was 72 hours old or younger.

• The parent has failed to assume responsibility for the child or to establish a substantial relationship with the child.

• The parent has caused the child to be conceived as a result of incest or sexual assault.

• The parent has been convicted of homicide or of solicitation to commit homicide of the child’s other parent.

When Consent Can Be Executed

Citation: Ann. Stat. §§ 48.837; 48.028

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.

In the case of an Indian child, consent cannot be executed prior to or within 10 days after the birth.

How Consent Must Be Executed

Citation: Ann. Stat. §§ 48.41; 48.028

A parent may consent to a voluntary termination of parental rights upon petition to the court. The parent must appear 

personally at the hearing to give his or her consent to the termination of his or her parental rights. The court may also 

accept the written consent of the parent given before an embassy or consul official, a military judge, or a judge of any 

court of record in another county or State or a foreign jurisdiction. 

The father of a nonmarital child may consent to the termination of any parental rights that he may have by signing 

a written, notarized statement that recites that he has been informed of and understands the effect of an order to 

terminate parental rights and that he voluntarily disclaims any rights that he may have to the child.

If the proceeding to terminate parental rights is held prior to an adoption proceeding in which the petitioner is the child’s 

stepparent or in which the child’s birth parent is a resident of a foreign jurisdiction, the child’s birth parent may consent 

to the termination of any parental rights that he or she may have by filing with the court an affidavit witnessed by two 

persons stating that he or she has been informed of and understands the effect of an order to terminate parental rights 

and that he or she voluntarily disclaims all rights to the child.

In the case of an Indian child, consent is executed in writing, recorded before a judge, and accompanied by a written 

certification by the judge that the terms and consequences were fully explained and understood in English or interpreted 

into a language that the parent understood. 
Consent to Adoption https://www.childwelfare.gov

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

Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm

Revocation of Consent

Citation: Ann. Stat. §§ 48.46(2); 48.028

A parent who has consented to the termination of his or her parental rights or who did not contest the petition initiating 

the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on 

any of the following grounds, as specified in § 806.07(1)(a),(b),(c),(d) or (f): 

• Mistake, inadvertence, surprise, or excusable neglect

• Newly discovered evidence that entitles a party to a new trial 

• Fraud, misrepresentation, or other misconduct of an adverse party

• A voided judgment

• A prior judgment upon which the judgment is based has been reversed or otherwise vacated

Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights unless 

the parent files a timely notice of intent to pursue relief from the judgment under § 808.04(7m), in which case the motion 

shall be filed within the time permitted by § 809.107(5). A motion under this subsection does not affect the finality or 

suspend the operation of the judgment or order terminating parental rights. Motions under this subsection and appeals 

to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of 

parental rights proceeding.

After the entry of a final order granting adoption of an Indian child, a parent who has consented to termination may 

withdraw that consent and move the court for relief from the judgment on the grounds that the consent was obtained 

through fraud or duress. Any such motion shall be filed within 2 years after the entry of an order granting adoption. 

Wyoming

Who Must Consent to an Adoption

Citation: Ann. Stat. § 1-22-109

The consent to adoption shall be signed by:

• Both parents, if living 

• The surviving parent

• The mother and putative father of the child if the name of the putative father is known

• The mother alone if she does not know the name of the putative father, in which case she shall sign and file an 

affidavit so stating, and the court shall determine whether the putative father has registered and if so, shall require 

notice to be given to the putative father

• The legal guardian of the person of the child if neither parent is living or if parental rights have been judicially 

terminated

• The executive head of the agency to whom the child has been relinquished for adoption

• The person having exclusive legal custody of the child by court order

• The legally appointed guardian of any parent or putative father who has been adjudged mentally incompetent

Consent of Child Being Adopted

Citation: Ann. Stat. § 1-22-109

If the child to be adopted is age 14 or older, his or her written consent to adoption shall also be filed with the petition to 

adopt. 
Consent to Adoption https://www.childwelfare.gov

When Parental Consent Is Not Needed

Citation: Ann. Stat. § 1-22-110

The adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds 

that the nonconsenting parent or putative father is unknown and that the putative father has not registered, and the 

affidavit required by § 1-22-109(a)(iv) has been filed with the petition to adopt or if the court finds that the putative father 

or the nonconsenting parent or parents have:

• Been given notice of the hearing and have failed to answer or appear at the hearing

• Been judicially deprived of parental rights of the child for any reason

• Willfully abandoned or deserted the child

• Willfully failed to contribute to the support of the child for a period of 1 year immediately prior to the filing of the 

petition to adopt and has failed to bring the support obligation current within 60 days after service of the petition 

to adopt

• Willfully permitted the child to be maintained in or by a public or private institution or by the Department 

of Family Services for a period of 1 year immediately prior to the filing of the petition without substantially 

contributing to the support of the child

• Failed, within 30 days after receiving notice of the pending birth or birth of the child, to advise or notify the 

agency that gave the putative father the notice of his interest in or responsibility for the child or his declaration of 

paternity

• Been adjudged by a court to be guilty of cruelty, abuse, neglect, or mistreatment of the child

• Caused the conception of the child born out of wedlock as a result of sexual assault or incest for which he has 

been convicted

• Willfully failed to pay a total dollar amount of at least 70 percent of the court-ordered support for a period of 2 

years or more and has failed to bring the support obligation 100 percent current within 60 days after service of the 

petition to adopt

When Consent Can Be Executed

Citation: Ann. Stat. § 1-22-109

The consent to adoption shall be signed any time after the birth of the child. 

How Consent Must Be Executed

Citation: Ann. Stat. § 1-22-109

A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the 

petition to adopt. The consent shall be acknowledged or may be approved in the following manner:

• The consent shall be acknowledged by a:

» Person authorized to take acknowledgments 

» Representative of the department of family services

» Representative of a certified agency to whom the custody of the child is being relinquished for adoption

• If not acknowledged as provided above, the consent to adoption may be approved by the court after:

» The person giving the consent has appeared before the court in an informal hearing in court chambers. 

» The court finds that the consent is knowingly and voluntarily given.

The consent to adoption and the relinquishment of custody of a child for adoption may be contained in a single 

instrument.

Revocation of Consent

Citation: Ann. Stat. § 1-22-109(d)

Consent to adoption and the relinquishment of a child for adoption are irrevocable unless obtained by fraud or duress 

except that if the court should deny the adoption on account of a claim or objection of the putative father of the 

child, the court may also allow the mother of the child to withdraw her consent and relinquishment. The consent or 

relinquishment by a parent who is a minor is valid and may not be revoked solely because of minority. 

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau