Consent to Adoption by State, page 3

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

Montana § 42-2-301
The birth mother; the husband of the mother if he is the presumed father; any other person whose parental rights have been established; the agency that has custody of the child; or the legal guardian.
§ 42-2-301
A child 12 years or older must consent, either in writing or in court, unless he lacks the mental capacity to consent.
§ 42-2-302
An individual whose parental rights have been terminated for unfitness or has waived rights; has been declared incompetent; who has not been married to the mother and denies paternity; or the personal representative of a deceased parent's estate.
§ 42-2-408
A parent may consent not less than 72 hours after the child's birth and has first received counseling. A guardian may consent any time after being authorized by the court.
§ 42-2-303
Consents must be acknowledged before an authorized officer of the department, an agency, or the court.
§ 42-2-410
The parent who has relinquished and the prospective adoptive parent may mutually agree to revocation prior to the issuance of an order terminating parental rights. A relinquishment cannot be revoked once that order has been issued.
Nebraska §§ 43-104, 43-105
Any court having jurisdiction over the custody of the child; both parents or the surviving parent of a child born in wedlock; the mother of a child born out of wedlock and the father provided he has filed with the biological father registry; the department or placing agency; or guardian or guardian ad litem.
§ 43-104
A child 14 years or older must consent to the adoption.
§ 43-104, 43-105
A parent has relinquished the child; has abandoned the child for at least 6 months; whose parental rights have been terminated; or is incapable of giving consent.
There is no statutory provision, but by implication, any time after the birth of the child. § 43-106
Must be executed before an authorized officer or, in private placements, before an attorney, and at least 1 additional witness.
Case law suggests that relinquishment is irrevocable unless there is a finding that it is in child's best interest.
Nevada § 127.040
Both parents if both are living; one parent if the other is dead; or the guardian of the child appointed by the court.
§ 127.020
A child 14 years or older must consent to the adoption.
§ 127.090
The parents' parental rights have been terminated.
§ 127.040
A parent has been insane for 2 years and there is proof that the insanity is incurable.
§ 127.070
Consents executed by the mother before the child's birth or within 72 hours after the birth are invalid. The father may consent before the birth if he is not married to the mother.
§§ 127.053, 127.043, 127.057
Consent must executed before 2 witnesses and a copy delivered within 48 hours to the welfare dept. A child must not be placed in an adoptive home until a consent is executed by the mother.
§ 127.080
Consent cannot be revoked except as provided by § 127.070 and only if it is in the child's best interest.
New Hampshire § 170-B:5
The mother; the legal father; the natural father; the legal guardian; or the department or agency having custody of the child.
§ 170-B:5
A child 12 years or older must consent to the adoption.
§ 170-B:6
When an unwed father has failed to establish paternity; a parent's rights have been terminated.
§ 170-B:7
No consent is valid until at least 72 hours after the child's birth.
§ 170-B:9
In direct placements, consent must be executed in court or before an authorized person. In agency placements, consent can be executed before an authorized representative.
§ 170-B:10
Can be withdrawn before entry of interlocutory decree. After that, consent may not be withdrawn unless obtained by fraud or duress. The court must also find it would be in the child's best interest.
New Jersey § 9:3-41
The parent or guardian of the child; any agency which has obtained the authority to place the child for adoption.
§ 9:3-49
A child 10 years or older is required to appear at final adoption hearing and the child's wishes be given consideration, provided the child has the capacity to form an intelligent preference.
§ 9:3-45
Parent has executed a valid surrender; whose parental rights have been terminated; has failed to respond to notice; whose child has been made available for adoption in a foreign country; has failed to contact or support the child; or has not acknowledged paternity.
§ 9:3-41(e)
Consent may be executed only after 72 hours after child's birth. An alleged father may execute a disclaimer of parental interest at any time, including before the child's birth.
§ 9:3-41(a), 9:3-45(b)(4)
Surrender to an approved agency shall be in writing before an authorized person. A hearing may be held to determine that the surrender was voluntary and proper.
§ 9:3-41
If executed according to provisions, surrender to an agency is valid, binding, and irrevocable and constitutes a termination of parental rights. At the discretion of the agency, it may be set aside when based on fraud, duress or misrepresentation.
§ 9:3-46
A parent who has not executed a surrender and whose rights have not been terminated may file written objections to an adoption within 20 days after notice is given.
New Mexico § 32A-5-17
The mother; presumed or acknowledged father; the department or agency to whom the child has been relinquished; the guardian of the parent when the guardian has right of consent. For an Indian child, consent must be obtained from an Indian guardian.
§ 32A-5-17
A child 10 years or older must consent, unless a court finds the child lacks the mental capacity to make a judgment.
§§ 32A-5-18, 19
A parent's rights have been terminated or have been relinquished to an adoption agency. A biological father of a child conceived by rape or incest; any person who fails to respond to notice; any putative father who fails to register. The parent has left the child without identification or has failed to contact or support the child.
§ 32A-5-21(G)
No consent is valid for at least 48 hours after the child's birth.
§ 32A-5-23
Consent shall be executed before a judge or an individual appointed to take consents. If not executed before a judge, the consent must be in writing, signed by the parent, and notarized.
§ 32A-5-21(I)
Consents may not be withdrawn prior to the entry of the final judgment unless the consent was obtained by fraud. After the final decree, consent is irrevocable.
New York Dom. Rel. Law § 111
Both parents if child is born or conceived in wedlock; if not, the mother and father if he has shown an interest in the child; any person or agency having custody.
Fam. Ct. Act §1055
Agency's consent is required if the agency has custody and guardianship of the child, or (Dom. Rel. Law § 113) if both parents are deceased or one parent is deceased and the other parent is not entitled to notice.
Dom. Rel. Law § 111
A child 14 years or older must consent to the adoption unless the court dispenses with consent.
Dom. Rel. § 115
The parent has failed to visit or contact the child for 6 months; has surrendered the child for adoption; or due to mental illness or retardation is unable to care for child. § 111 Parent shows intent to forego rights, has surrendered the child to an agency, or whose child has a court appointed guardian; is unable to care for the child due to mental illness.
Not specified in statute, but case law implies that consent may be executed any time after the child's birth. Dom. Rel. § 115-b
For private adoptions, the statute distinguishes between consents executed in court and extra-judicial consents, and indicate required contents for consents to be valid.
Soc. Ser. Law. § 384
For agency adoptions, statute details requirements for a valid written surrender.
Dom. Rel. § 115-b
In a private adoption, consent given in court is irrevocable; an extra-judicial consent may be revoked in 45 days. Parental consents to private adoptions and surrenders in agency adoptions may be challenged if obtained by fraud, duress or coercion.
North Carolina § 48-3-601, 602
The mother; a man who was married to the mother or has legitimated the child; a guardian; the agency that placed the child for adoption; the guardian ad litem of an incompetent parent.
§ 48-3-601
A child 12 years or older must consent to the adoption.
§ 48-2-603
The parent fails to respond to notice or if a putative father cannot establish parental rights; rights have been terminated or relinquished; a man denies paternity.
§ 48-3-604
A man may consent any time before or after child's birth. A mother may only consent after the child's birth. In an agency adoption, consent may be executed after the child has been under agency care 30 days.
§§ 48-3-605, 606
Must be signed and executed under oath before an authorized individual, stating that consent was voluntary and stating the legal consequences of the consent.
§§ 48-3-607, 608, 609
Is generally final and irrevocable. Consent to an infant in utero or younger than 3 months may be revoked within 21 days. A parent who is a minor may revoke within 7 days. May be revoked if there is fraud, duress or mutual agreement, and if filed within 6 months.
North Dakota § 14-15-05
The mother, whether by birth or adoption; the father, whether by adoption or other means of legitimation; the presumed natural father; any person lawfully entitled to custody, or the court having jurisdiction to determine custody.
§ 14-15-05
A child 10 years or older must consent to the adoption.
§ 14-15-06
The child has been abandoned; there is no communication or support for 1 year; parental rights have been terminated or relinquished; adulthood of adoptee; parental incompetence.
§ 14-15-07
Consent may be executed anytime after the child's birth.
§ 14-15-07
If by an agency, consent must be executed before and authorized person or executive head of agency. If by an individual, consent must be executed before a court.
§ 14-15-08
Consent can be withdrawn before the final order, but only if the court finds that it is in the child's best interest.
Ohio § 3107.06
The mother; the father if he was married to the mother at the time of conception, is the adoptive father, or has established paternity; the putative father; any agency or person having permanent custody; or the court having jurisdiction to determine custody.
§ 3107.06
A child 12 years or older must consent, unless it is in the child's best interest to waive the requirement.
§ 3107.07
The parent fails to contact or provide for the child for 1 year; the putative father is not the actual father; the parent relinquishes or has parental rights terminated; guardian or custodian withholds consent unreasonably; a parent or guardian is in a foreign country and child is released for adoption pursuant to laws in that country.
§ 3107.08(A)
Consent cannot be executed until at least 72 hours after the child's birth.
§ 3107.08
By the adoptee in the presence of the court; by an agency, before an authorized person; by another person or parent except the minor, before the court or an authorized person; or by court order.
§ 3107.084
A consent is irrevocable except if consent is withdrawn prior to the interlocutory order or prior to entry of the final decree when no other order has been entered after a hearing that withdrawal is in the best interest of the adoptee.
Oklahoma § 10-7503-2.1
Both parents; one parent is the other is dead, has had rights terminated, or whose consent is not required; legal guardian; head of a child placing agency to the whom the child has been relinquished; any person having legal custody. The parents or guardian of a minor parent must consent.
§ 10-7503-2.1
A child 12 years or older must consent to the adoption.
§ 10-7505-4.2
Parental rights have been terminated; for 12 months, the parent has failed to support the child; a parent has been convicted of physical or sexual abuse, or is incarcerated; a putative father fails to acknowledge paternity; a parent has a mental illness or deficiency.
§ 10-7503-2.2, 2.3
Parent may not execute consent until after child's birth. A putative father may consent before or after child's birth. A permanent relinquishment may be executed any time after child's birth, but must be in writing and include a statement of irrevocability.
§ 10-7503-2.3
Parents may relinquish to the department, an agency, or another person. It must be in writing and executed before a judge. Consent must state that it executed voluntarily and unequivocally. A putative father may make an extra-judicial consent.
§ 10-7503-2.7
Consent is irrevocable, except if it was obtained by fraud or duress, or if court finds that it is in child's best interest and there has been no adoptive placement for 9 months.
§ 10-7503-2.4
An extra-judicial consent is revocable for any reason for 15 days.
Oregon § 109.312
The parents, or surviving parent; a guardian; next of kin; a suitable person appointed by the court as next friend of the child.
§ 109.316
State office of agency to which custody has been surrendered.
§ 109.328
A child 14 years or older must consent to the adoption.
A parent does not retain custody (§ 109.314); when a parent is mentally ill or deficient or has been imprisoned more than 3 years (§109.322); a parent has deserted or neglected the child (§109.324); the mother's husband is found not to be the child's father (§109.326). Statute does not specify when consent can be executed. § 109.312
Must be in writing and its validity attested to by the court or an authorized person.
§ 418.270
A parent may execute consent or surrender to a child placing agency; information on medical background of child and parents must be filed before consent is valid.
§ 109.312
Consent may not be revoked unless fraud or duress is proved with respect to any material fact surrounding the adoption procedure.
Pennsylvania 23 Pa. § 2711
The parents or surviving parent; the guardian or custodian; the husband or former husband of the natural mother unless there is proof that he is not the natural father.
23 Pa. § 2711
A child 12 years or older must consent to the adoption.
23 Pa. §§ 2714, 2511
When the adoptee is 18 years or older; the parent of a newborn fails to maintain contact for 4 months; the father of a child conceived through incest or rape; parental rights have been terminated; the parent has failed to perform parental duties; there is repeated and continued abuse or neglect; the parent is the presumptive but not natural father of the child; the child is in the custody of an agency because the whereabouts of the parents are unknown; the child has been removed from the parent for 6 months.
23 Pa. § 2711(C)
Consent may not be executed until at least 72 hours after the child's birth. A putative father may execute a consent at any time after receiving notice of the expected or actual birth of the child.
23 Pa. §§ 2501-2505, 2711
These sections deal with voluntary relinquishment to an agency or directly to prospective adopters; provide for court hearings to approve relinquishments or court approval of consents executed out of court. There are also procedures for when parents do not petition for relinquishment within 40 days of executing consent, and making available counseling. The contents of out of court consents are detailed.
23 Pa. § 2711
A parent can revoke consent until the court has entered either a termination order of adoption decree confirming consent. If it is deemed in the child's best interest, the consent may be revoked even after entering a termination or adoption decree.

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