What is a Consent to Adopt Form?
A consent to adoption form is a legal document that states that a person legally agrees to terminate all of his or her parental rights. The consent form is critical in the adoption process as it signifies that a biological parent is planning on relinquishing their rights before the adoption becomes finalized. More often than not, an adoption cannot be completed until the biological parents sign their consent to the adoption. Consent to adoption forms are often required to be signed in front of notaries . There are a few exceptions that might allow for a stepchild or a grandparent to be able to sign without those requirements.
If the biological parents refuse to sign the consent to adoption, the court may have a hearing to see if there are extenuating circumstances that exist. Even though the biological parent might refuse to sign, there are still multiple ways that they can be forced to sign the consent to adoption, including through direct hearings to terminate parental rights.
The Components of a Consent to Adoption Form
The consent to adoption form is a legally binding document that permanently terminates the legal relationship between a parent and child. As such, the form should incorporate specific details and clauses that make the consent valid. Minor alterations to this document can hold significant legal implications.
To be legally sound, the consent to adoption should include the following components:
General Information
The first section of a consent to adoption form identifies the names and contact information of the adopting parents and the adoptee. The background history of a child may be included in this section if it is relevant and is typically filled out by the social worker. Identifying information on the birth parents such as name and contact information is also recorded in this segment.
Relinquishment of Parental Rights
The crux of this form is the relinquishing of parental rights by the biological parent or parents. This section must contain a voluntary waiver of rights to the child. In this clause, the parent signing the consent gives up all legal connections they may have with the child including custodial rights, residence and decision-making for the child. The parent signing the consent acknowledges that he or she is giving up the parental obligation to support the child financially and make decisions on behalf of the child regarding medical and educational concerns.
International Adoption
Consent to adoption forms are governed by both local and federal laws. For international adoptions, the Hague Adoption Convention requires that a consent form be used in lieu of a relinquishment of parental rights.
The Legal Fetters of Consenting
The legal requirements for consent. Consent is necessary for a valid consent to adoption. Consent to baby adoption is legally binding and enforceable only if given under certain conditions. In some states, consent from both biological parents is required for a consent to adoption to be valid. Every state has its own laws and requirements for consent to adoption. Those requirements, however, only go so far. Consent is not permitted (and therefore a consent to adoption signed under those circumstances is not valid and therefore unenforceable) in certain circumstances.
How Does Consenting Work?
After the adoptive family is selected, both biological parents must consent to the adoption. When a married couple wants to put a child up for adoption, both parents must consent or one who does not consent may have his or her parental rights severed in a separate legal proceeding. Even if you are married, it is important that you consult an attorney about the nature of this consent. Exactly what form the consent takes may depend on the agency handling the adoption or the laws of the state of residence. Most often, the consent must be signed before a notary public in the presence of an impartial witness. The parent may sign it before entering the hospital to give birth, immediately after giving birth, or within a specified period of time following the birth. The agency will assist the biological parents in this process. The biological parent must understand the significance of the consent and that it terminates his or her relationship with the child. He or she may have a chance to change his or her mind even after consent, but again, this depends upon when and how the consent was given, so it is critical that you consult with an experienced adoption lawyer who can explain your exact rights about revocation of your consent.
Can You Revoke Your Consent?
The consent to adoption will not become effective until the termination of the birthparent’s parental rights. At that time, one or both of the birthparents may revoke their consent based upon what has been colloquially referred to as the "eleventh hour rescission rule" which applies to both agency and non-agency adoptions.
A consent executed by a birthparent or foster parent may be revoked within 7 days from the date executed. If the consent is executed at the time the birthparents place the child, the 7 days begins to run from the date the child is physically placed. The revocation must be in writing and be signed by the party executing it, or verbally communicated and witnessed by a disinterested witness, or orally communicated to an officer or employee of the agency or intermediary working on the case . In Pennsylvania, the agency or intermediary must provide a consent form which gives the options set forth below on the form itself. Any consent given by a parent pursuant to an antenuptial agreement is void and unenforceable, absent the birthparents’ knowledge at the time of execution that the child is the issue of the marriage. Once the birthparent’s parental rights are terminated, his/her consent is irrevocable. Appellate case law indicates that the prior relinquishment of parental rights in a voluntary termination proceeding does not operate as a consent to the adoption of the child at a later date. Because the adoption proceeding is presently before the Court, the consent to the adoption must be executed at that time, and may not be based upon a prior relinquishment proceeding.
Common Errors and Problems
One of the most common mistakes in this process is to put your signature on an adoption consent form without reading it through carefully. With most of these documents, the parties involved are under a lot of stress when it comes to filling out all of the right paperwork. A great piece of advice we can offer here is to take your time and read everything over before signing.
Another common pitfall is to sign a consent to adoption form before you’re absolutely sure that the adoption can be completed. If you don’t know whether or not you’re going to go through with the adoption, do not sign a blank form. It might sound obvious, but another mistake frequently made is to sign a date on your consent to adoption before witnessing or notarizing your signature. It is important for both yourself and those who will be working to process your adoption — whether they’re lawyers, judges, caseworkers, etc. — to know when the adoption process actually began. If you sign the document without any kind of date indicated, you could just be making things more difficult by not including that information. When it comes to consent, one of the biggest mistakes people make has to do with the language of their adoption consent form. A lot of individuals assume that the language is the same for every consent form. While it might seem logical that consent forms are all pretty standard across the board, there can often be key differences depending on the situation. There is never a "one size fits all" solution when it comes to provisions of an adoption consent form. If you’re getting a consent to adoption form in the mail, be sure to read through it thoroughly. Again, you want to make sure it has provisions that meet your needs for your specific situation before you sign it and return it. The last thing you want to have happen is to send back a consent form only to be notified that it is in fact not valid for your particular circumstances.
Consent to Adoption FAQ
Do I need to have notarized consent to up for adoption? -Notarization is required on the consent form. If you do not have access to a notary public, the consent form must be signed in front of an adoption agency or the court system. You will want to make an appointment with an adoption agency or the Court so that you can sign the form in person.
I was just served with a Petition for Adoption without Consent (also known as an in forma pauperis adoption) can I still consent? -Even if you have been served with a Petition for Adoption without Consent, you are always free to sign the consent to adoption. In fact, you have the right to get your case dismissed by signing the appropriate forms. Minnesota Rules of Civil Procedure Rule 41.01 states: Before resting , the plaintiff may voluntarily dismiss an action without order of court: (a) by fililng a notice of dismissal at any time before service by the defendant of an answer or a motion for summary judgment; or (b) by filing a stipulation of dismissal signed by all appearing parties.
How long after signing the consent form do I have to wait to be absolved of my rights as a parent? -Once you have signed the consent, unless there are extraordinary circumstances; you will never again be considered the parent of that child. This is the benefit of giving up your consent, in that it frees you forever of any parental obligations.