Consent to Adoption: Introduction
"Consent" in the adoption context refers to the agreement by a parent, or a person or agency acting in place of a parent, to relinquish the child for adoption and to release all rights and duties with respect to that child. In most States, the consent must be in writing and either witnessed and notarized or executed before a judge or other designated official. State legislatures have developed a range of provisions designed to ensure protection for those individuals involved, including:
- Children (to prevent unnecessary and traumatic separations from their adult caretakers)
- Birth parents (to prevent uninformed, hurried, or coerced decisions)
- Adoptive parents (to prevent anxiety about the legality of the adoption process)
Who Must Consent?
In all States, the birth mother and the birth father (if he has properly established paternity) hold the primary right of consent to adoption of their child. Either one or both parents may have these rights terminated for a variety of possible reasons, including abandonment, failure to support the child, mental incompetence, or a finding of parental unfitness due to abuse or neglect. When neither birth parent is available to give consent, the responsibility can fall to other legal entities, such as:
- An agency that has custody of the child
- Any person who has been given custody
- A guardian or guardian ad litem
- The court having jurisdiction over the child
- A close relative of the child
- A "next friend" of the child, who is a responsible adult appointed by the court
Consent of Minors
Nearly all States, the District of Columbia, and the U.S. Territories require that older children give consent to their adoption. Approximately 24 States, the District of Columbia, and the Virgin Islands set the age of consent at 14 years; 18 States, American Samoa, and Guam at 12 years; and 7 States, the Northern Mariana Islands, and Puerto Rico require consent of children age 10 years and above. In some States, the requirement can be dispensed with if the child lacks the mental capacity to consent, or the court finds it in the best interest of the child to dispense with consent. Colorado requires that the child be provided with counseling prior to giving consent.
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From the National Adoption Information Clearinghouse (U.S. Department of Health & Human Services)
