Consent to Adoption by State, page 4

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

Rhode Island 15-7-5
The parents or surviving parent; the guardian or next of kin; a suitable person appointed by the court as next friend of the child.
15-67-10
A minor parent must have the consent of one of the parents, a guardian or guardian ad litem.
15-7-5
A child 14 years or older must consent to the adoption.
15-7-7
Parental rights have been terminated; the parent has neglected or abused the child or subjected the child to aggravated circumstances; the parent is deemed unfit due to emotional or mental illness; excessive drug or alcohol abuse; parent has voluntarily or involuntarily placed the child in the care of a licensed agency.
15-7-6
Termination of rights of consent to adoption may not be executed sooner than 15 days after the child's birth.
15-7-5
Consent must be in writing.
15-7-21.1
A decree of adoption or consent cannot be challenged except by a petition filed within 180 days and a finding by the court that the decree is not in the child's best interest.
South Carolina 20-7-1690
Parents or surviving parent; the father when the parents are not married if the father has maintained substantial contact with the child; the legal guardian; the child placing agency or legal custodian.
20-7-1690
A child 14 years or older must consent to the adoption, except where the court finds that the child lack the mental capacity to consent or that it is not in the child's best interest.
20-7-1695
Parental rights have been terminated pursuant to statutes listed; a parent has executed a relinquishment or has been judged mentally incapable.
20-7-1700
Consent may be given at any time after the child's birth.
20-7-1705
Consent must be signed in the presence of 2 witnesses, one of whom must be a judge, a disinterested attorney, or authorized person. The witness must attest that consent was voluntary and executed without duress or coercion, and contain detailed information and a statement of legal consequences of signing.
20-7-1720
Consent may be withdrawn if it is in the child's best interest and if it was given involuntarily or under duress or coercion. The final decree renders the consent irrevocable.
South Dakota 25-6-4
No child may be adopted without the consent of the child's parents.
25-6-5
A child 12 years or older must consent to the adoption.
25-6-4
If the parent is guilty of adultery or incarcerated; has abandoned the child; is a habitual drinker or mentally incompetent; has been deprived of custody; or has neglected the child.
25-5A-4
No petition to terminate rights or consent to adoption may be filed until 5 days after the child's birth.
25-6-12; 15-5A-16
Consent must be in writing; followed by a court appearance to answer questions indicating their voluntary action and understanding of the consequences.
25-6-21
Except in any case involving fraud, any adoption proceeding shall be in all things legalized 2 years after finalization; any claims must be initiated within those 2 years.
Tennessee 36-1-110
A parent under age 18 shall have the capacity to give consent to adoption.
36-1-111
The child's parent or guardian.
There is no requirement for a minor to give consent. 36-1-113
There is no person qualified to give consent. The parent has abandoned the child; has shown substantial noncompliance with a permanency plan; whose child has been out of the home for 6 months; has committed severe child abuse; been imprisoned for 2 years for conduct against a child; has failed to support, contact or visit the child.
36-1-111
No surrender shall be made prior to the 3rd day after birth unless the parent is living in another state or territory. The count starts on the first full day following birth. The court may, for good cause shown, waive the 3 day waiting period.
36-1-111(b)
Surrenders shall be made in the presence of a judge, and the court shall advise the person of the right, time and procedure. The court may accept notarized statements if someone is unable to surrender in person.
36-1-112
Person may revoke a surrender within 10 days if a petition to adopt has not been filed and revocation occurs in the presence of a judge. After 10 days, a surrender cannot be set aside unless there was fraud, duress, intentional misrepresentation and it is brought before the court within 30 days.
Texas Fam. Code 162.010
The managing conservator; the parent and spouse of parent.
Fam. Code 162.010
A child 12 years or older must consent, unless court finds it in the child's best interest to waive consent.
Fam. Code 161.005, 161.006, 161.007
Parent's inability to care for child due to mental illness; voluntary termination of parental rights; after an abortion where the child survives; a person is convicted of a crime resulting in the birth of a child; termination on the grounds of abandonment nonsupport, endangerment, abuse and neglect.
Fam. Code 161.103, 161.106
The birth mother may consent no sooner than 48 hours after the birth. A man may sign an affidavit disclaiming any interest at any time before or after the birth.
Fam. Code 161.103
A consent must be signed by the parent, whether or not a minor, witnessed by 2 credible witnesses, and verified by a person authorized to take oaths.
Fam. Code 162.011, 161.1035
The parent has the right of revocation for up to 11 days after signing the waiver of interest or relinquishment. On the 11th day, consent becomes irrevocable. Any time before an order granting an adoption, consent may be revoked by filing a signed revocation.
Utah 78-30-4.14, 4.21
The mother; any biological father who has established paternity; or the child placing agency to which the child has been relinquished. A minor parent has the power to consent.
78-30-4.14, 6
A child 12 years or older must consent to the adoption, unless he does not have the capacity to consent.
78-30-17, 23
Parent has been deprived of custody due to cruelty, neglect, desertion or failure to provide; has had rights terminated; natural father has failed to establish a relationship with the child; or parent has relinquished child to a licensed agency.
78-30-4.19
Birth mother may not execute consent until at least 24 hours after child's birth.
78-30-4.18
Consent must be signed under oath before a judge or authorized official of a child-placing agency so long as signature is notarized or witnessed by 2 disinterested witnesses.
78-30-4.20
Consent is effective when signed and cannot be revoked. Case law suggests that consent may be revoked if induced by duress, undue influence, deception or other grounds that would justify release from a contract.
Vermont Title 15A 2-401
The birth mother; the biological father; the man married to the mother at the time of conception or who has acknowledged paternity; the child's guardian; adoptive or other legally recognized parents; or the agency that placed the child for adoption.
Title 15A 2-401
A child 14 years or older must consent, unless the court dispenses with the need.
Title 15A 2-402
A person has relinquished parental rights to an agency, or whose rights have been terminated on grounds that they did not exercise parental authority; who has been convicted of a crime or committed an act of violence against a child or parent; or is otherwise declared unfit.
Title 15A 2-404
Consent by a parent may not executed earlier than 36 hours after child's birth; consent by a guardian can be made any time after being authorized by the court; consent by an agency may be made any time before or during the hearing on adoption.
Title 15A 2-405
A consent executed by a parent or guardian shall be signed in the presence of the probate judge or the court's authorized agent. A minor must consent in the presence of a judge.
Title 15A 2-407-409
Consent is irrevocable after 21 days. A consent is revoked if the parent notifies the court within 21 days; or the parent and prospective adoptive parent agree. Consent may also be set aside if obtained by fraud or duress, or a petition was not filed within 45 days after placement, or that a condition permitting revocation has occurred.
Virginia 63.1-225(D)
The mother; the husband of the mother; the birth father if the parents are unwed, unless the birth father cannot be determined or fails to respond to notice; the agency or department having custody. A minor parent shall have power to consent.
63.1-225
A child 14 years or older must consent to the adoption unless the court finds the child's best interest would not be served.
63.1-220.2, 220.3
When the father has been convicted of rape; if parental rights have been terminated; if the putative father cannot be identified, or if known, fails to respond to notice.
63.1-220.2, 220.3
Consent is not valid until the child is 10 days old. Relinquishment to an agency may occur sooner through an entrustment agreement, but it also is not valid until the child is 10 days old.
63.1-220.2, 220.3
Consent in direct placement must be executed in court in presence of adoptive parents. Entrustments and consents in agency placements may be executed before an authorized officer.
63.1-220.3
Consent is revocable by either parent for any reason for 15 days. After that period, but before the final adoption order, consent may be revoked only upon proof of fraud or duress or mutual written consent of birth and adoptive parents.
Washington 26.33.160
The parents and any alleged father; the agency or department to which the child has been relinquished; the legal guardian.
26.33.160
A child 14 years or older must consent to the adoption.
26.33.120
A parent's rights have been terminated in the child's best interest and due to failure to perform parental duties.
26.33.090, 160
Parents' written consent and petition to relinquish may be filed before birth, but the hearing may not be held sooner than 48 hours after the birth. If the child is an Indian child, the petition and consent shall not be signed until at least 10 days after birth.
26.33.090, 26.33.160
Consents may be executed out of court but are not valid until approved by a judge.
26.33.160
Consent is revocable until court approves it. Thereafter, consent is irrevocable, except that for 1 year, consent may be revoked for fraud, duress, or lack of mental competency.
West Virginia 48-4-3
The parents of a marital child; the mother and determined father of a nonmarital child; the legal guardian or other person having legal custody; or a suitable person appointed by the court as next friend to the child.
49-3-1
An agency having permanent legal custody of the child.
48-4-3
A child 12 years or older must consent, but consent may be waived for "extraordinary cause" by the court.
48-4-3
Parental rights have been terminated; a child was abandoned or permanently relinquished; the parent is under disability or incurably insane.
48-4-3a
Consent may not be executed until at least 72 hours after the child's birth.
48-4-3a, 4
Consent must be signed and executed in the presence of a judge, a notary, or person designated by the court to take consent. If the parent is a minor, consent shall be reviewed and approved by the court.
48-4-5
If, prior to entry of adoption order, the birth parent and adopting parent mutually agree; or that consent was obtained by fraud or duress. The court will award custody based on child's best interest.
Wisconsin 48.41
A parent may consent to a voluntary termination of parental rights.
48.42
A petition may also be filed by an agency or other authorized person.
There is no provision requiring a child to consent to an adoption. 48.415
Parental rights have been terminated due to failure of parents to assume responsibility; abandonment, continuing parental disability and child abuse; causing child to be conceived as a result of incest or sexual assault; or homicide of a parent.
48.837
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.
48.41
Consent is given in court after the judge explains the effect of termination of rights and is satisfied that consent is informed and voluntary. Personal appearance may be waived and written consents accepted if it is impossible or difficult for parent to appear.
48.46
Generally consents are irrevocable, but a parent who has consented to termination may file a motion within 60 days for relief on grounds given in 806.07(1).
Wyoming 1-22-109
Both parents, if living; mother and putative father, if known; legal guardian; the head of the agency to which the child has been relinquished; legal custodian; or the guardian of any parent adjudged mentally incompetent.
1-22-109
A child 14 years or older must consent to the adoption.
1-22-110
When parent fails to respond to notice; parental rights have been terminated; parent has abandoned the child or been adjudged guilty of child abuse or neglect; child was conceived as a result of rape or incest for which the father was convicted; parent fails to meet support obligation; a putative father fails to acknowledge paternity.
1-22-109
Consent shall be executed any time after the child's birth. Written relinquishment of custody and written consent are required; both may be included in the same document.
1-22-109
Consent may be acknowledged by an authorized person or representative of the department or the agency to whom custody is being relinquished; it may also be approved by the court.
 

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