Adoption Consent FAQ

State law determines the rules for adoption. This article answers the following frequently asked questions about the adoption process:

• Can only biological parents consent to adoption?
• Can a birth father refuse an adoption?
• Can minors consent to their baby's adoption?
• What types of adoption can birth parents choose?
• Do courts need parents' consent for foster care?
• Can biological parents change their minds after consenting to adoption?
• What are some adoptions that might be difficult?
• Get professional legal help with your adoption consent concerns

There are obstacles during the adoption process, including consent from biological parents. Prospective adoptive parents must complete a thorough background check and vetting process. Once consent and placement are ready, a court can approve the petition for adoption.

Can Only Biological Parents Consent to Adoption?

Many adoption cases involve consent from a biological parent. But there are other scenarios that can change who puts a child up for adoption. 

Before most adoptions, the court must have the biological parent's consent. The birth mother must give her permission.

If there has been a termination of parental rights, then the court system must give consent. The state's Department of Health or Child Services will act in the best interests of the child and consent to placement. Parental rights can be terminated for acts of child abuse, neglect, or abandonment.

Can a Birth Father Refuse an Adoption?

Sometimes, depending on the birth father's legal status. The biological father must approve an adoption if he has established paternity. A father can establish paternity if his name appears on the birth certificate or demonstrates a commitment to parenting the child.

Can Minors Consent to Their Baby's Adoption?

A minor is anyone who has not reached legal adulthood or the age of majority. The age of majority in most states in the U.S. is 18.

The birth mother of an infant can consent to her baby's adoption regardless of her own age. State laws vary, but most allow a mother as young as 12 years of age to consent to adoption. Some states appoint a guardian ad litem to protect the interests of the infant.

What Types of Adoption Can Birth Parents Choose?

There are many types of adoption and placement. Voluntary surrender of a child can be difficult, and birth parents, especially young ones, may be unsure about their decision.

Later, the adopted person may want to find their birth parents. Some types of adoption will not permit them to do so. Legal parents may want to consider alternatives before giving up their rights.

• Private adoption: Private or independent adoption may involve family members, such as a grandparent who adopts a grandchild when the parents cannot care for the child.
• Open adoption: In an open adoption, the birth parents and adoptive parents know one another and remain in contact throughout the child's life. The child knows their birth parents or knows of them and can access their birth records after the finalization of the adoption.
• Closed adoption: In a closed adoption, a court order seals the records and removes all identifying information. The adoptee cannot access them later without a court order.

In some types, adoption agencies work with the courts to locate adoptive families. They also assess the eligibility of prospective adoptive homes. With social services, they carry out the home study and other checks to ensure the adopted child is going to a suitable home.

Do Courts Need Parents' Consent for Foster Care?

No, courts may place a child with a foster parent without your consent. The court may consider birth parents' wishes for placement, such as a particular relative, but the state can make the final decision.

Usually, a court order determines when the state's child welfare services will intervene. Some states allow parents to choose foster care.

Foster care is rarely a choice, but it can temporarily give birth parents time to correct any issues at home, such as alcohol abuse, drug addiction, or domestic violence issues. If the problem persists, the foster home keeps custody of the child until adoption.

Can Biological Parents Change Their Minds After Consenting to Adoption?

Adoption aims to provide a stable household for a child, so reversing one (revocation of adoption) is rare. 

Courts must act in the best interests of the child. They consider the existing parent-child relationship, not any bond between the birth mother and the baby.

But changing your mind during the pregnancy may be possible. Adoptive placement cannot begin until the baby is born. State laws let biological parents change their minds until the actual birth of the child. Some states allow a “cooling off" period for a few days to a few months after childbirth.

If you are considering adoption, discuss the matter with a family law attorney or social worker if you believe you may change your mind later.

What Are Some Adoptions That Might Be Difficult?

Some children have special requirements for adoption. These children need more than the parents' consent for adoption.

You will need legal help for these types of adoptions:

• Foreign adoptions: Bringing a child from a foreign country need the consent of the home nation, the U.S. government, and the parents. You may need adoption help in the home country to do this.
• Special needs children: Babies with health needs, developmental disabilities, or other issues still need adoption. Their adoptive parents need more adoption services to complete the process. These adoptions may involve human services or the health department.
• Native Americans: In June 2023, The Supreme Court affirmed the Indian Child Welfare Act. This Act gives tribal governments final say over native adoptions. It prevents removal of native children from their families in adoption, foster care, and child custody cases. Even in cases of maternal consent or waiver, the Indian Child Welfare Act applies.
• Stepparent adoption: If a stepparent wants to adopt their new spouse's child, they can do so via the courts. If all parties consent, the other parent may keep their parental rights in some states.

Get Professional Legal Help With Your Adoption Consent Concerns

You may be a biological parent thinking about placing your child for adoption. Or, you might want to become an adoptive parent. In either case, professional help can clarify your legal rights and the adoption process.

Adoption is a decision that lasts a lifetime, so it's important to make sure you do it right. Find an experienced adoption law attorney near you for some peace of mind.