Nevada Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 127.040- Both parents if both are living
- One parent if the other is deceased
- The guardian of the child appointed by the court
Age When Consent of Adoptee is Considered or Required
Statute: § 127.020
- A child 14 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: §§ 127.090; 127.040- The parental rights have been terminated by court order.
- A parent has been adjudged insane for 2 years, and there is proof that the insanity is incurable.
When Consent Can Be Executed
Statute: § 127.070- Consents executed by the mother before the child's birth or within 72 hours after the birth are invalid.
- The father may consent before the birth if he is not married to the mother.
How Consent Must Be Executed
Statute: §§ 127.053; 127.043; 127.057- Consent must executed before two witnesses, identifying the child and adopting parents, and a copy must be delivered within 48 hours to the Welfare Department.
- A child must not be placed in an adoptive home until consent has been executed by the mother.
Revocation of Consent
Statute: §§ 127.070; 127.080- Consent by the mother to a specific adoptive placement cannot be revoked except when the adoptive family is found to be unsuitable or the placement is in violation of the law.
- Consent by the father who is not married to the mother becomes invalid if:
- The father marries the mother before the child is born.
- The mother does not consent to adoption of the child within 6 months of the child’s birth.
- No petition for adoption has been filed within 2 years of the child's birth.
- The father marries the mother before the child is born.
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