Consent to Adoption by State


STATE
WHO MUST CONSENTCONSENT OF ADOPTEEWHEN PARENTAL CONSENT IS 
NOT NEEDED
WHEN CONSENT CAN BE EXECUTEDHOW CONSENT MUST BE EXECUTEDREVOCATION OF CONSENT
Alabama26-10A-7
The mother; the presumed father, regardless of paternity if married to the mother; the agency to whom the child has been relinquished; the putative father if he has responded to notice.
26-10A-7
A child 14 years or older must consent to the adoption, except where the court finds that the child does not have the mental capacity to consent.
26-10A- 9, 10
Parent has abandoned the child; fails to respond to notice; has had rights terminated; is found to be incompetent; has relinquished child to placing agency; alleged father signs affidavit denying paternity.
26-10A-13
Any time prior to or after the birth of the child.
26-10A-12
Consent of mother before birth must be signed and confirmed before a probate judge. Other consents may be executed in presence of judge, court clerk, or any public officer or notary public.
26-10A-13, 14
Can be withdrawn for any reason within 5 days; within 14 days of if court finds it consistent with child's best interest. Any time prior to final decree for fraud, duress, undue influence, or mistake.
Alaska 25.23.040
The mother, the father if married to the mother, the father by adoption, or otherwise legitimized; any person lawfully entitled to custody or consent; or the court.
25.23.040
A child 10 years or older must consent to the adoption, unless the court in the child's best interest dispenses with consent.
25.23.050
When a parent has abandoned the child, has failed to communicate with or support the child; whose rights have been terminated or been declared incompetent; the child is 19 years or older.
25.23.060
May be executed any time after the child's birth.
25.23.060
Consent is executed before the court or before a person authorized to take acknowledgments.
25.23.050; 25.23.070
May be withdrawn before entry of decree for any reason within 10 days of executing consent; after 10 day period if court finds withdrawal to be in child's best interest.
Arizona 8-106(A)
The birth or adoptive mother; the father if married to the mother or otherwise established paternity; any guardian of the child or agency which has been given the child to place for adoption.
8-106(A)
A child 12 years or older must consent to the adoption in open court.
8-106(B)
A parent has had rights terminated; has previously consented that agency place the child; or the court determines a waiver to be in child's best interest.
8-106.01(E)
A putative father who does not file claim of paternity waives right of notice.
8-107(B)
Consent must be executed no sooner than 72 hours after the birth of the child.
8-107(A)
In writing, witnessed by 2 or more credible witnesses, and acknowledged before an authorized officer. The minority of the parent does not affect competency to give consent.
8-106 (D)
Consent is irrevocable unless obtained by fraud, duress, or undue influence.
Arkansas 9-9-206
The mother; the father if married to the mother or otherwise established paternity; any person or agency lawfully entitled to custody; or the court.
9-9-206
A child 10 years or older must consent to the adoption, unless the court in the child's best interest dispenses with consent.
9-9-207
A parent has deserted a child; failed to communicate or provide care or support; has relinquished rights or had them terminated; or has been declared incompetent.
9-9-208
Can be executed any time after the birth of the child.
9-9-208
Must be executed in the presence of a judge or authorized person. If a child is old enough to grant consent, he must do so in the presence of a judge. If parent is a minor, the guardian ad litem must sign the consent.
9-9-209
May be withdrawn within 10 days, but only if the court finds it is in child's best interest. After interlocutory decree, but before the adoption is final, consent may be withdrawn only if it was obtained by fraud or duress.
CaliforniaFam. Code 8604
The birth parents, if living; the parent having custody if the other parent (a) fails to support the child or (b) fails to respond to notice of adoption.
Fam. Code 8602
A child 12 years or older must consent to the adoption.
Fam. Code 8606
The parent has relinquished rights or had them terminated, or has deserted the child.
Fam. Code 8604
Parent willfully fails to contact or support the child for one year.
Fam. Code 8801.3
In a direct placement, consent may only take place after the discharge of the birth mother from the hospital.
Fam. Code 8700
Relinquishment to an agency can take place any time after the birth of the child.
Fam. Code 8801.3; 8814
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.
Fam. Code 8700
In an agency adoption, a form is signed before 2 witnesses and acknowledged before an official of the agency.
Fam. Code 8814.5
In a direct placement, consent may be waived for 90 days after being executed; it becomes irrevocable on the 91st day.
Fam. Code 8700
In 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.
Colorado 19-5-203
Written, verified consent is required from parents, a guardian of a child whose parents are deceased; or a parent in a stepparent adoption.
19-5-103, 203
Children must undergo counseling. Written consent must be obtained from any child age 12 years or older.
19-5-203; 19-3-604
Parent's rights have been terminated due to parent's unfitness; parent has failed to make contact or provide support; child has been out of parent's home for one year.
19-5-104; 19-5-203
Consent may be executed any time after the birth of the child.
19-5-103
Parent must obtain counseling from the Department of Social Services and petition the court.
19-5-104(7)(a)
Consent may be revoked only if, within 90 days after entry of order, it is established by clear and convincing evidence that it was obtained by fraud or duress.
Connecticut 45a-724
Any statutory parent; a surviving parent when one parent has died; an unwed mother, provided that the putative father has received notice or had rights terminated; the child's guardian.
45a-724
A child 12 years or older must consent to the adoption.
45a-717(f)-(g)
Parent's rights have been terminated; parent has abandoned the child, caused the child non-accidental injury or failed to maintain a relationship with the child for at least one year.
45a-715(d)
Mother cannot consent until at least 48 hours after birth.
45a-715(d)
A petition for voluntary relinquishment must be approved by the court.
45a-719
Parents generally cannot revoke consent unless the court finds extreme circumstances such as fraud, duress or coercion.
DelawareTitle 13 1106
Consent shall be granted by the Department or agency to whom rights are vested. In cases of adoption by a stepparent or blood relative, consent shall be granted by the mother and biological father.
Title 13 907
A child 14 years or older must provide written consent unless the court finds it in child's best interest to waive consent.
Title 13 1103(a)
If the child has been abandoned; the parent is legally incompetent due to insanity or feeble-mindedness; or the parent is convicted of a felony where a child has been harmed; there is a history of neglect.
Title 13 1106
Consent by mother can be given any time after child's birth. Consent by natural father may be executed prior to or after the child's birth.
Title 13 907
Consent shall be written, notarized, and annexed to petition if parental rights have not been previously terminated.
Title 13 909
Within 60 days of filing petition of consent, a person wishing to revoke may petition the court. The court will decide if revocation is in child's best interest.
District of Columbia 16-304
Both parents, if living; the court-appointed guardian; or a licensed child placing agency if parental rights have been terminated.
16-304
A child 14 years or older must consent to the adoption.
16-304
When a parent cannot be located, has abandoned the child, has failed to support the child for at least 6 months, or has relinquished all rights to an agency.
16-1007(b)
No relinquishment of rights can be made within the first 72 hours after a child's birth. The parent must first undergo counseling.
16-304
Consent must be executed before an officer authorized to take acknowledgments, or a representative of a child-placing agency or the Mayor's office.
16-1007(c)
Any voluntary relinquishment may be automatically revoked by a verified writing submitted to the agency within 10 calendar days.
Florida 63.062
The mother; the father if child was conceived or born while married to the mother or has otherwise established paternity; or any person lawfully entitled to custody of the child.
63.062
A child 12 years or older must consent, unless the court determines it is in child's best interest to dispense with consent.
63.072
The parent abandons the child; parental rights have been terminated; the parent is mentally incompetent; a guardian or custodian is found to be withholding consent unreasonably.
63.062
Written consent must be executed after the birth of the child.
63.082
In an agency adoption, consent is by affidavit from an authorized representative. In direct placements, parents execute consent in the presence of 2 witnesses, acknowledged by a notary public.
63.082
Consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress.
GeorgiaDom. Rel. 19-8-4(a)
Any living parent or guardian must voluntarily and in writing surrender all rights to the child to the department or child placing agency.
Dom. Rel. 19-8-4(b)
A child 14 years or older must consent in the presence of the court.
Dom. Rel. 19-8-10
The child has been abandoned and parent cannot be found; parent is insane or otherwise incapacitated; parent has failed to contact or support the child.
Dom. Rel. 19-8-5
Consent may be executed any time after the birth of the child.
Dom. Rel. 19-8-4, et seq.
In an agency adoption, consent may be executed before a notary and representative of the agency. In a direct placement, it may be executed before a notary.
Dom. Rel. 19-8-9
Parent may withdraw consent within 10 days. The surrender document is not valid unless it states the right of withdrawal. There are not express statutory grounds for revocation, but consent may be invalid if executed under fraud, duress or incapacity.
Hawaii 578-2(a)
The mother; a legal father; an adjudicated or presumed father; a natural father who demonstrates a reason- able degree of interest; any person or agency having legal custody; or the court having jurisdiction over the child's custody.
578-2(a)
A child 10 years or older must consent, unless the court dispenses with the need.
578-2(c)
A parent has deserted the child for 90 days; has voluntarily surrendered care and custody to another for 2 years; has failed to support or contact the child for 1 year; whose rights have been terminated; or who has been declared mentally ill or retarded.
571-61
May be given following the 6th month of pregnancy, provided that no judgment may be entered until after the birth of the child and petitioners have reaffirmed their desire to adopt.
578-8
No adoption decree shall be granted without a hearing at which anyone who needs to consent must appear, unless written consent has been obtained before the hearing and been accepted by the court.
578-2(f)
Consent cannot be withdrawn after the child is placed with prospective adopters unless the court finds it would be in the child's best interest.
Idaho 16-1504
The parents, if living; a legal guardian if one has been appointed; if there are no living parents or guardian, then the nearest relative; if no living relative, then a next friend of the child as appointed by the court; or the agency that has been authorized to place the child.
16-1505
A child 12 years or older must consent to the adoption.
16-1504, 2005
A parent's rights have been terminated. The parent has abused, neglected, or abandoned the child; has a mental illness or deficiency; caused the child to be conceived as a result of rape or incest; has killed child's other parent; is not the natural parent.
There is no express provision in the code; by implication consent may be executed any time after the birth of the child. 16-2005; 16-1506
Consent must be executed before any authorized officer or district judge or magistrate on a form found in the Idaho Code.
There are no express provisions, however case law states that consent is irrevocable once the child is placed, absent fraud, duress or undue influence.

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Information made available by the National Adoption Information Clearinghouse