When Consent May Be Given

Approximately 46 States and the District of Columbia specify in statute when a birth parent may execute consent to adoption. Fifteen States and the Northern Mariana Islands allow birth parents to consent at any time after the birth of the child, while 29 States require a waiting period before consent can be executed. Approximately 12 States and the Northern Mariana Islands allow an alleged birth father to execute consent at anytime before or after the child's birth. The shortest waiting periods are 12 and 24 hours, and the longest are 10 and 15 days. The most common waiting period, required in 14 States and the District of Columbia, is 72 hours, or 3 days. Only two States (Alabama and Hawaii) allow the birth mother to consent before the birth of her child; however, the decision to consent must be reaffirmed after the child's birth.

Revocation of Consent

Adoption is meant to create a permanent and stable home for a child; therefore, a validly executed relinquishment and consent to adopt is intended to be final and irrevocable. As a result, the right of a birth parent to revoke consent is strictly limited. In most States, the law provides that consent may be revoked prior to the entry of the final adoption decree under specific circumstances or within specified time limits. The circumstances under which withdrawal of consent may be permitted by a State can include:

• Consent was obtained by fraud, duress, or coercion.
• The birth parent is allowed to withdraw consent within a specified period of time, after which consent becomes irrevocable.
• There is a finding that withdrawal of consent is in the best interests of the child.
• The birth parents and adoptive parents mutually agree to the withdrawal of consent.
• An adoptive placement is not finalized with a specific family or within a specified period of time.

Consent becomes final and irrevocable once the court issues a final decree of adoption.