Consent to Adoption by State


STATE
WHO MUST CONSENT CONSENT OF ADOPTEE WHEN PARENTAL CONSENT IS 
NOT NEEDED
WHEN CONSENT CAN BE EXECUTED HOW CONSENT MUST BE EXECUTED REVOCATION OF CONSENT
Illinois 750 ILCS 50/8(b)
The mother; the father if married to the mother or has established paternity; a legal guardian; any person or agency having legal custody.
750 ILCS 50/12
A child 14 years or older must consent; the court may waive consent if child is in need of medical care or is mentally retarded.
750 ILCS 50/8(a)
The parent is found to be an unfit person; not to be the biological or adoptive father of the child; or to have waived his parental rights; caused the child to be conceived as a result of sexual abuse.
750 ILCS 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.
750 ILCS 50/10
Consent to an agency may be take by an agency representative. In a direct placement, consent is acknowledged in court unless the court waives the appearance.
750 ILCS 50/11
Consents not revoked within 72 hours after the birth are irrevocable unless obtained by fraud or duress.
Indiana 31-19-9-1
Each living parent of a child born in wedlock; the mother of a child born out of wedlock and the father whose paternity is established; any person or agency having custody; or the court having jurisdiction.
31-19-9-1
A child 14 years or older must consent to the adoption.
31-19-9-8 to 10
Parent has abandoned or failed to contact or support child for 1 year; a biological father who has not established paternity or whose child was conceived as a result of rape or incest; a parent whose rights have been relinquished or terminated, or is found incompetent; who has been convicted of murder or manslaughter and the victim was the child's other parent; or who has been convicted of murder, manslaughter, rape, incest, or neglect or battery and the victim was the child's sibling.
31-19-9-2
Consent may be executed any time after the child's birth.
31-19-9-2
Consent may be executed in the presence of the court, a notary public or other authorized agent, or an authorized agent of the Division of child placing agency.
31-19-10-3, 4
A consent may not be withdrawn before the entry of the adoption decree unless the court finds that the person seeking the withdrawal is acting in the child's best interest. A consent may not be withdrawn after the entry of the adoption decree.
Iowa 600.7
Any guardian; the spouse of a petitioner who is a stepparent.
600.7
A child 14 years or older must consent to the adoption.
600.7; 600A.8
A person refuses to consent or cannot be located to consent. The parent has signed a release of custody or petition to terminate rights; has abandoned or failed to support the child; is a chronic substance abuser; has committed more than one act of domestic abuse; or has abducted, removed or improperly retained the child.
600A.4(2)(g)
Parental release of custody may not be executed until at least 72 hours after child's birth.
600.7
Consent by a minor must be executed in court. Consent by any other person may be executed in court or before a notary public.
600A.4
Release shall be in writing, have 2 witnesses, shall name the person or agency accepting the release, state the purpose, and be followed by a petition for termination of parental rights within a reasonable period of time.
600A.4
A request to revoke may be made prior to termination of parental rights. If the request is made within 96 hours of executing release, the court shall allow it. If made after 96 hours, the court must find by clear and convincing evidence good cause for revocation, such as fraud, coercion, or misrepresentation of fact.
Kansas 59-2129
In an independent adoption, by the living parents, unless found unnecessary; a legal guardian; or court having jurisdiction. In agency adoptions, an authorized representative of the agency may consent.
59-2129
A child 14 years or older, if of sound intellect, must consent to the adoption.
59-2136
The father has neglected or abandoned the child; failed to contact or support the child; is unfit or incapable of consent; failed to support mother during pregnancy; abandoned the mother; raped the mother; failed to assume parental duties for 2 years. As far as is applicable, the provisions also apply to the mother.
59-2114(b), 2116
Mother may not give consent until 12 hours after child's birth and must be executed not more than 6 months before an adoption petition is filed. Presumably, a father can consent at any time.
59-2114
Consent shall be in writing and acknowledged before a judge or authorized officer.
59-2115
A minor parent may consent, but must be provided with counsel prior to execution, and counsel must be present when consent is signed.
59-2114
A consent is final when executed unless consenting party, prior to final decree of adoption, proves by clear and convincing evidence that consent was not freely and clearly given.
Kentucky 199.500
The mother; the father if married to the mother or has otherwise established paternity.
199.500
A child 12 years or older must consent to the adoption.
199.502
A parent has abandoned or failed to support the child; has inflicted serious injury or allowed the child to be sexually abused; has had parental rights to another child terminated.
199.500
Consent is invalid if given prior to 72 hours after the child's birth.
625.040
A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner resides.
199.500
Consent shall become final 20 days after placement approval or 20 days after execution if placement approved prior to signing of the consent.
Louisiana Ch. Code Art. 1193
The mother; the father or alleged father if he has established parental rights; the biological father whose paternity has been established; or the custodial agency who has placed the child for adoption.
There is no express provision requiring a minor to consent to the adoption. Ch. Code Art. 1245
A parent with custody is married to the petitioner and the other parent has failed to support, visit or communicate with the child.
Ch. Code Art. 122(b)(1); 1130
Act of surrender shall not be executed prior to 5th day after child's birth. A father may execute act of surrender prior to or any time after child's birth.
Ch. Code Art. 1139
Consent must executed before a notary and 2 witnesses. Prior to this, parent must undergo counseling session, consult with an attorney, and be informed about Voluntary Registration Law.
CC Art. 1121-23
In a private adoption, the parent must be represented by her own attorney at the time of execution of consent.
Ch. Code Art. 1123
Consent is irrevocable after the 5th day following child's birth. The father's consent is irrevocable upon execution.
Maine Title 18-A 9-302
Each living parent, unless consent has been waived; the person or agency having legal custody; or a guardian appointed by the court.
Title 18-A 9-302
A child 14 years or older must consent to the adoption.
Title 18-A 9-302
A parent has abandoned the child; fails to assume parental responsibility; whose rights have been terminated. The child is 18 years or older. A putative father who failed to respond to notice or waived right of notice.
Title 18-A 9-202, 302
Consent can be executed any time after the child's birth. A petition for adoption must be pending before consent is executed.
Title 18-A 9-202
Parents must execute consent before a judge. Consent by an agency may be executed before a notary public and filed with the probate court.
Title 18-A 9-202
A consent or release will not be valid until 3 days after if has been executed; it then becomes final and irrevocable. If the adoption consented to is not finalized within 18 months, a review must be held.
Maryland Fam. Law 5-311
The natural mother and father; or the head of the agency that has been awarded guardianship.
Fam. Law 5-311
A child 10 years or older must consent to the adoption.
Fam. Law 5-312
Child has been out of parent's custody for 1 year and has significant attachment to petitioner; parent has failed to contact or support child; or has been convicted of child abuse.
Fam. Law 5-311
Consent may be executed any time after child's birth.
Fam. Law. 5-314
Consent must contain express notice of right to revoke. A minor parent's consent is valid only when accompanied by an affidavit from counsel stating that consent is given knowingly and willingly.
Fam. Law 5-311
Consent may be revoked within 30 days or at any time before final decree if court finds revocation in the child's best interests.
Massachusetts Ch. 210 2
The lawful parents, who may be previous adoptive parents; a surviving parent; or the mother only if the child has been born out of wedlock.
Ch. 210 2
A child 12 years or older must consent to the adoption.
Ch. 210 3
The child is over 18; the court determines that waiver is in child's best interest; the child has been abandoned or subjected to abuse or neglect; the parent has been convicted of murder or manslaughter and the victim was the other parent or a sibling; the child has been in foster care for 15 of the latest 22 months.
Ch. 210 2
Written consent shall be executed no sooner than the 4th day after the birth of the child.
Ch. 210 2
Consent is executed before a notary public in the presence of 2 competent witnesses.
Ch. 210 2
Consent to adoption, executed according to statutory provision, is final and cannot be revoked. Sample surrender and consent forms are found in the statute.
Michigan MCL 710.43
Each parent or surviving parent; the authorized representative of the child placing agency to whom the child has been released; or the child's guardian; or the court or tribal court having permanent custody. If the parent of the adoptee is a minor, the minor's parent must also consent.
MCL 710.43
A child 14 years or older must consent to the adoption.
MCL 710.37, 710.43
Putative father denies paternity or interest in custody; fails to provide support. Parental rights have been terminated or relinquished.
MCL 710.51(6)
Noncustodial parent has failed for 2 years or more to support or communicate with the child.
MCL 710.29, 710.44
Consent may not be executed until after an investigation and a judge has explained their rights to the parents. See 710.34, provisions on pre-birth consent by putative father; 710.31, provisions on delay of mother's consent pending determination of father's status.
MCL 710.29, 710.44
Release is executed before a judge or referee of the juvenile court. If the release is given by armed services member, an incarcerated person, or agent of a child placing agency, it is executed before a person authorized to administer oaths.
MCL 710.29
Person who granted consent may petition court for hearing on whether to grant revocation, with a time limit of about 20 days. 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) and a petition has been filed for a rehearing within time required.
Minnesota 259.24 subd. 1, 2
The child's parents or guardian. If there is no qualified parent or guardian, consent may be given by a commissioner. If the unmarried parent is under age 18, the consent of the minor's parent or guardian is required.
259.24 subd. 3
A child 14 years or older must consent to the adoption.
259.24 subd. 1
Parent has abandoned the child; whose rights have been terminated; or who lost custody through a court proceeding.
259.24 subd. 2a
Consent may be executed no sooner than 72 hours after child's birth and no later than 60 days after child's placement in prospective adoptive home.
259.24 subd. 5
Written consent executed before 2 witnesses, containing withdrawal provisions and notice that if child is not adopted the parent may be required to support the child.
259.24 subd.6, 259.47 subd. 7
Consent may be with-drawn for any reason within 10 working days. Thereafter, it becomes irrevocable unless there is fraud.
Mississippi 93-17-5
The parents or parent, if only one; if both parents are dead, then any 2 adult kin provided at least one is in possession of the child; guardian ad litem of an abandoned child; any person having custody of the child; or an agent of the county department.
93-17-5
A child 14 years or older must consent to the adoption.
93-17-7
Consent is always needed unless the child is abandoned; the parent is mentally or morally unfit; or parental rights have been terminated.
93-17-5
Consent is executed no sooner than 72 hours after the child's birth.
93-17-5
Consent is executed before and filed by an authorized officer of any institution engaged in placing children for adoption.
Case law suggests that consent is irrevocable absent fraud, duress or undue influence shown by clear and convincing evidence.
Missouri 453.030
The mother; any man who is presumed to be the father, has acted to establish paternity or has filed with the putative father registry; the child's current adoptive parents or other legally recognized parent.
453.030
A child 14 years or older must consent to the adoption, except where the court finds that the child lacks sufficient mental capacity.
453.040
A parent's rights have been terminated; whose identity is unknown; who has been found incompetent; who has abandoned or failed to support or care for child.
453.030
May be executed before a judge or notary public any time after child is 48 hours old, before or after petition for adoption is filed.
453.030
Consent must be acknowledged before a notary public, or have consenting person's signature witnessed by 2 adults.
453.030
Consent may be withdrawn at any time until reviewed and accepted by the judge. Case law states that consent is irrevocable absent fraud, duress or coercion.

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Information made available by the National Adoption Information Clearinghouse