Consent Laws

Who Must Consent to an Adoption
Citation: Gen. Stat. §§ 45a-724; 45a-715
The following persons may give a child in adoption:

• A statutory parent
• Any parent of a minor child who agrees in writing with his or her spouse that the spouse shall adopt or join in the adoption of the child if that parent is:
  • The surviving parent if the other parent has died
  • The mother of a child born out of wedlock, provided that if there is a putative father who has been notified and the rights of the putative father have been terminated
  • A former single person who adopted a child and thereafter married
  • The sole guardian of the child, if the parental rights, if any, of any person other than the parties to such agreement have been terminated
• Any parent of a minor child who agrees in writing with the other person who shares parental responsibility for the child that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to such agreement have been terminated
• For any minor child who is free for adoption, the child's guardian who agrees in writing with a relative that the relative shall adopt the child

A parent who is a minor shall have the right to consent to termination of parental rights, and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.

Age When Consent of Adoptee is Considered or Required
Citation: Gen. Stat. § 45a-724
A child age 12 or older must consent to the adoption.

When Parental Consent is not Needed
Citation: Gen. Stat. § 45a-717(g)
Consent of the parents is not needed if parental rights have been involuntarily terminated because the parent has:

• Abandoned the child by failing to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child
• Subjected the child to sexual molestation and exploitation, severe physical abuse, or a pattern of abuse
• Failed to establish an ongoing parent-child relationship with the child
• Been found by the court to have neglected the child in a prior proceeding, or whose child has been in the custody of the commissioner for at least 15 months and has failed to achieve such degree of personal rehabilitation as would encourage the belief that, within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child
• Had his or her parental rights in regard to another child previously terminated
• Killed through a deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired, or solicited such killing or has committed an assault, through a deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent
• Been convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child

When Consent Can Be Executed
Citation: Gen. Stat. § 45a-715(d)
No consent to termination by a mother shall be executed within 48 hours immediately after the birth of her child.

How Consent Must Be Executed
Citation: Gen. Stat. §§ 45a-715(e)-(f); 45a-717(f)
Consent to adoption is made by a petition for voluntary termination of parental rights. The petition shall be filed in the court of probate for the district in which the petitioner or the child resides or, in the case of a minor who is under the guardianship of any childcare facility or child-placing agency, in the court of probate for the district in which the main office or any local office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given.

If any petitioner is a minor, the guardian ad litem must approve the petition in writing, before action by the court.

The court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child. If the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that the termination is in the best interest of the child and the parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child.

Revocation of Consent
Citation: Gen. Stat. § 45a-719
The court may grant a motion to open or set aside a judgment terminating parental rights or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child. No such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition.

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

Need a Home Study?