[Previous] [Next]
§10-7503-2.1.
§10-7503-2.1.
A. A minor may be adopted when there has been filed written consent to
adoption or a permanent relinquishment for adoption executed by:
1. Both parents of the minor;
2. One parent of the minor, alone, if:
a. the other parent is dead,
b. the parental rights of the other parent have been terminated, or
c. the consent of the other parent is otherwise not required pursuant
to Section 7505-4.2 of this title;
3. The legal guardian of the person of the minor or the guardian ad
litem of the minor if both parents are dead or if the rights of the
parents have been terminated by judicial proceedings, or the consent
of both parents is otherwise not required pursuant to Section 7505-4.2
of this title, and such guardian or guardian ad litem has authority by
order of the court appointing the guardian to consent to the adoption;
4. The executive head of a licensed child-placing agency if:
a. the minor has been permanently relinquished to such agency by:
(1) both parents, or
(2) one parent alone if the other parent is dead, the parental rights
of the other parent have been terminated, or the consent of the other
parent is otherwise not required pursuant to Section 7505-4.2 of this
title, or
b. the rights of both parents have been judicially terminated and
custody of the minor has been legally vested in such agency with
authority to consent to adoption of the minor; or
5. Any person having legal custody of a minor by court order if:
a. the parental rights of both parents have been judicially
terminated, and
b. the court that issued the custody order for the minor has consented
to adoption and a certified copy of its order containing its consent
is filed before the final decree.
B. 1. A parent of a minor born in wedlock or a parent who is sixteen
(16) years of age or older shall be deemed capable of giving consent
to the adoption of a minor.
2. If the parent of a minor born out of wedlock is under sixteen (16)
years of age, that parent's consent to the adoption shall be deemed
sufficient when:
a. given by such minor parent before a judge of the district court,
and
b. accompanied by the written consent of:
(1) the legal guardian of the minor parent,
(2) the parents of the minor parent,
(3) the parent having custody of the minor parent, if the other parent
of the minor parent is deceased or the parents of the minor parent are
divorced, or
(4) the person having physical custody of the minor parent, if both
parents of the minor parent are deceased, or
c. accompanied by a finding of the court issuing the decree of
adoption, if consent cannot be secured from any individual whose
consent is required by subparagraph b of this paragraph, that:
(1) either notice was given by mail by the court to such person
directing the person to show cause at a time appointed by the court,
which shall be not less than ten (10) days from the date of mailing,
why the adoption should not be granted without the individual's
consent, or that notice was waived by the personal appearance of the
individual, and
(2) the individual did not appear to contest the adoption, or the
consent of the individual is unreasonably withheld.
C. If a minor to be adopted is twelve (12) years of age or older, the
consent of the minor to the adoption is required in addition to the
consents required by subsections A and B of this section before a
decree of adoption may be granted, unless the court makes a finding
that it is not in the best interest of the minor to require the
minor's consent. The consent of the minor must be given before the
court in such form as the court shall direct.
D. 1. When consent for adoption is necessary for minors in the custody
of the Department of Human Services, the Director of the Department of
Human Services or the designee of the Director may designate,
authorize, and direct in writing an employee of the Department to
appear in the court of the county in which said adoption proceedings
are to be completed and to give written consent for the adoption of
such minor by the family whose application for adoption has been
approved by the Department of Human Services; or
2. The executive head of a licensed child-placing agency whose consent
is required for the adoption of a minor who is in the custody of the
licensed child-placing agency may designate, authorize and direct in
writing an employee of the agency to appear in the district court of
the county in which the adoption proceedings are to be completed or
before anyone authorized by law to take acknowledgements and to give
written consent for the adoption of the minor.
[Previous] [Next]