The court.
Spouse of a minor.
Age When Consent of Adoptee is Considered or Required
Statute:
§ 25.23.040
A child 10 years or older must consent to the adoption, unless the court in the child's best interest dispenses with consent.
The adult to be adopted.
When Parental Consent is not Needed
Statute:
§ 25.23.050
When a parent has:
Abandoned the child.
Failed to communicate with or support the child.
Had rights terminated.
Been declared incompetent.
The child is 19 years or older.
When Consent Can Be Executed
Statute:
§ 25.23.060
May be executed any time after the child's birth.
How Consent Must Be Executed
Statute:
§ 25.23.060
Consent is executed:
Before the court.
Before a person authorized to take acknowledgments.
Revocation of Consent
Statute:
§ 25.23.070
May be withdrawn before entry of decree for any reason within 10 days of executing consent.
After 10 day period, court must find withdrawal to be in child's best interest.
Consent to Adoption may not be withdrawn after the entry of a decree of adoption.