Consent Laws

Who Must Consent to an Adoption
Citation: Rev. Stat. § 19-5-207
When a child is placed for adoption by the county department of social services, a licensed child placement agency, or an individual, such department, agency, or individual shall file, with the petition to adopt, its written and verified consent to such adoption.

Age When Consent of Adoptee is Considered or Required
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 such 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.

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 the 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 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 90 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.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)