§ 10-7503-2.1 — Who may consent.

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.

Legislative History

Added by Laws 1957, p. 23, § 5. Amended by Laws 1959, p. 26, § 1, emerg. eff. July 15, 1959; Laws 1961, p. 15, § 1, emerg. eff. June 29, 1961; Laws 1971, c. 316, § 1, emerg. eff. June 24, 1971; Laws 1974, c. 297, § 3, operative July 1, 1974; Laws 1985, c. 337, § 1, eff. Feb. 1, 1986; Laws 1994, c. 122, § 1, eff. July 1, 1994; Laws 1996, c. 297, § 3, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 9, eff. Nov. 1, 1997. Renumbered from § 60.5 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 8, emerg. eff. June 11, 1998.