Consent Laws

Who Must Consent to an Adoption
Citation: Ann. Stat. § 259.24, subd. 1, 2
No child shall be adopted without the consent of the child's parents and the child's guardian, if there be one.

If there is no parent or guardian qualified to consent to the adoption, the consent shall be given by the commissioner.

If an unmarried parent who consents to the adoption of a child is under age 18, the consent of the minor parent's parents or guardian, if any, also shall be required. If either or both the parents are disqualified for any reason, the consent of such parent shall be waived, and the consent of the guardian only shall be sufficient. If there is neither a parent nor guardian qualified to give such consent, the consent may be given by the commissioner.

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 259.24, subd. 3
When the child to be adopted is age 14 or older, the child's written consent also shall be necessary.

When Parental Consent is not Needed
Citation: Ann. Stat. § 259.24, subd. 1
Consent shall not be required of a parent:

• Who is not entitled to notice of the proceedings
• Who has abandoned the child
• Who has lost custody of the child through a divorce decree or a decree of dissolution, and upon whom notice has been served as required by § 259.49
• Whose parental rights to the child have been terminated or who has lost custody of a child through a final commitment of the juvenile court or through a decree in a prior adoption proceeding

When Consent Can Be Executed
Citation: Ann. Stat. § 259.24, subd. 2a
Not sooner than 72 hours after the birth of a child and not later than 60 days after the child's placement in a prospective adoptive home, a person whose consent is required under this section shall execute a consent.

How Consent Must Be Executed
Citation: Ann. Stat. § 259.24, subd. 2, 5
The agency overseeing the adoption proceedings shall ensure that the minor parent is offered the opportunity to consult with an attorney, a member of the clergy, or a physician before consenting to adoption of the child.

All consents to an adoption shall be in writing, executed before two competent witnesses, and acknowledged by the consenting party. In addition, all consents to an adoption, except those by the commissioner, the commissioner's agent, a licensed child-placing agency, an adult adopted person, or the child's parent in a petition for adoption by a stepparent, shall be executed before a representative of the commissioner, the commissioner's agent, or a licensed child-placing agency.

All consents by a parent shall contain written notice:

• Of the right to withdraw consent under specific conditions
• That the consent itself does not terminate parental rights
• That parental rights to a child may be terminated only by an adoption decree or by a court order terminating parental rights
• That if the child is not adopted, the parent may be asked to support the child

Revocation of Consent
Citation: Ann. Stat. § 259.24 subd.6a
A parent's consent to adoption may be withdrawn for any reason within 10 working days after the consent is executed and acknowledged. Written notification of withdrawal of consent must be received by the agency to which the child was surrendered no later than the 10th working day after the consent is executed and acknowledged. On the day following the 10th working day after execution and acknowledgment, the consent shall become irrevocable, except upon order of a court of competent jurisdiction after written findings that consent was obtained by fraud.

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

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