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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption on childwelfare site.
Who Must Consent to an Adoption
Citation: 3107.06
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[*]The mother
[*]The father:
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[*]If the child was conceived or born while he was married to the mother
[*]If he is the adoptive father
[*]If he has established paternity
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[*]The putative father
[*]Any agency or person having permanent custody
[*]The court having jurisdiction to determine custody
[/list]Age When Consent of Adoptee is Considered or Required
Citation: ǧ 3107.06
A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive
When Parental Consent is not Needed
Citation: 3107.07
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[*]The parent has failed to contact or provide for the child for 1 year.
[*]The putative father has failed to register with the putative father registry within 30 days of the childǒs birth.
[*]The putative father is not the actual father or has abandoned the child before or after birth.
[*]The parent has relinquished rights or has had parental rights terminated.
[*]The father or putative father is convicted of a rape that results in the conception of the child.
[*]A guardian or custodian withholds consent unreasonably.
[*]A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.
[/list]When Consent Can Be Executed
Citation: 3107.08(A)
Consent cannot be executed until at least 72 hours after the child's birth.
How Consent Must Be Executed
Citation: ǧ 3107.08
Consent must be executed in the following manner:
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[*]If by the adopted person, in the presence of the court
[*]If by an agency, before an authorized person
[*]If by another person, before the court or an authorized person
[*]If by a court, by an appropriate order
[/list]Revocation of Consent
Citation: 3107.084
A consent is irrevocable except if consent is withdrawn prior to the:
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[*]Entry of the interlocutory order
[*]Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person
[/list]From the Child Welfare Information Gateway
Last update on November 10, 10:09 am by Sachin Gupta.