§ 26-10F-7 — Consent to Adoption

(a) A consent shall be in a sworn writing and signed by the person consenting.
(1) Only the sworn, written consent of a legally competent adoptee shall be required.
(2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section 26-2A-20, the sworn written consent of any legal guardian or conservator of the adoptee and a court appointed guardian ad litem shall be required. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.
(3) If the court has reason to believe that the adoptee may be unable to give consent, the court shall appoint a guardian ad litem who shall investigate the adoptee’s circumstances and that guardian ad litem shall give or withhold consent. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.
(4) If the adoptee is married and is incapacitated or otherwise unable to consent, the sworn written consent of his or her spouse is also required.
(b) A motion to withdraw consent may be filed at any time before the dispositional hearing on the adoption petition.

Legislative History

(Act 2023-92, §2.)