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Subchapter 001: PLACEMENT OF MINORS FOR ADOPTION
§ 2-101. Who may place minors for adoption
(a) The only persons who may place a minor for adoption are:
(1) a parent having legal and physical custody of the minor, as provided in subsections
(b) and (c) of this section;
(2) a guardian expressly authorized by the court to place the minor for adoption;
(3) an agency to which the minor has been relinquished for purposes of adoption; or
(4) an agency expressly authorized to place the minor for adoption by a court order terminating
the relationship between the minor and the minor’s parent or guardian.
(b) Except as provided in subsection (c) of this section, a parent having legal and physical
custody of a minor may place the minor for adoption, even if the other parent has
not executed a consent or a relinquishment or the other parent’s relationship to the
minor has not been terminated.
(c) A parent having legal and physical custody of a minor may not place the minor for
adoption if the other parent has legal custody or a right of visitation with the minor
and that parent’s whereabouts are known, unless that parent agrees in writing to the
placement or, before the placement, the parent who intends to place the minor sends
notice of the intended placement by certified mail to the other parent’s last known
address.
(d) An agency authorized under this title to place a minor for adoption may place the
minor for adoption, even if only one parent has executed a relinquishment or has had
his or her parental relationship to the minor terminated. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-102. Direct placement for adoption by parent or guardian
(a) A parent or guardian authorized to place a minor for adoption may place the minor
only with a prospective adoptive parent who has a valid favorable preplacement evaluation
or for whom a preplacement evaluation is not required.
(b) A parent or guardian shall personally select a prospective adoptive parent.
(c) A parent or guardian may be assisted by another person in locating a prospective adoptive
parent or in transferring legal and physical custody to a prospective adoptive parent.
(d) A prospective adoptive parent may be assisted by another person in locating a minor
who is available for adoption.
(e) A prospective adoptive parent shall furnish a copy of the preplacement evaluation
to the parent or guardian. The evaluation may be edited to exclude identifying information.
(f) If, at the time of the minor’s placement for adoption, the parent or guardian has
not executed a consent to adoption, the parent or guardian will furnish to the prospective
adoptive parent a signed statement that:
(1) the transfer of custody is for the purpose of adoption;
(2) the parent or guardian has been informed of the provisions of this title relevant
to placement for adoption, consent, and termination of parental rights;
(3) the prospective adoptive parent is authorized to provide support and medical care
for a specific period of time.
(g) The prospective adoptive parent shall acknowledge in writing responsibility for the
minor’s medical and other care and support and for returning the minor to the custody
of the parent or guardian if the consent is not executed within the time specified. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-103. Placement for adoption by agency
(a) An agency authorized to place a minor for adoption shall furnish to a person who inquires
about its services a written statement of its services, including the agency’s procedure
for selecting a prospective adoptive parent for a minor, the role of the parent or
guardian in the selection, and a schedule of its fees.
(b) A parent shall be informed that he or she may indicate preferences for the selection
of the adoptive parent, and may be involved in the selection of the adoptive parent.
(c) An agency that places a minor for adoption shall authorize in writing the prospective
adoptive parent to provide support and medical and other care for the minor pending
entry of a decree of adoption. The prospective adoptive parent shall acknowledge in
writing responsibility for the minor’s support and medical and other care.
(d) An agency shall inform the adoptive parents about any known unique requirements or
special needs of the child and the services available to assist with meeting those
needs, including any adoption subsidy for which the child may be eligible.
(e) Upon request by a parent who has relinquished a minor child pursuant to Part 4 of
this article, the agency shall promptly inform the parent as to whether the minor
has been placed for adoption, whether a petition for adoption has been granted, denied,
or withdrawn, and, if the petition was not granted, whether another placement has
been made. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-104. [Reserved.]
§ 2-105. Disclosure of information on background
(a) Before placing a minor for adoption, a parent or agency placing the minor shall provide
in writing to the prospective adoptive parent all of the following nonidentifying
information that is reasonably available from the parents, relatives, or guardian
of the minor; the agency; any person who has had physical custody of the minor for
30 days or more; or any person who has provided health, psychological, educational,
or similar services to the minor:
(1) a social and health history of the minor, including:
(A) date, time, and place of birth;
(B) first and middle name as given by the parent;
(C) current health history, including an account of the minor’s prenatal care, medical
condition at birth, any drug or medication taken by the minor’s mother during pregnancy;
(D) any subsequent medical, psychological, psychiatric, and dental information and diagnosis,
and a record of any immunizations and health care received while in foster or other
care;
(E) any physical, sexual, or emotional abuse known to have been experienced by the minor;
(F) enrollment and performance in school, results of educational testing, and any special
educational needs; and
(G) an account of the minor’s past and existing relationship with any relative, foster
parent, or other person with whom the minor has lived or visited on a regular basis;
(2) a social and health history of the minor’s parents and extended family, including:
(A) health and genetic history, including any known hereditary condition or disease, the
current health of each parent, a summary of the findings of any medical, psychological,
or psychiatric evaluation of each parent completed prior to placement, history of
use of drugs and alcohol, and if a parent is deceased, the cause of and the age at
death;
(B) racial, ethnic, and religious background, and general physical description;
(C) the levels and types of educational, vocational, athletic, artistic, or scientific
achievement or interests, including academic performance and diagnosed learning problems;
(D) the date of birth and sex of any other child of the parents and whether or not those
children have been removed from the parent’s custody or placed for adoption;
(E) the facts and circumstances related to the consent or relinquishment or termination
of parental rights; and
(F) any information necessary to determine the minor’s eligibility for State or federal
benefits, including financial, medical, or other assistance.
(b) Before the final hearing on a petition for adoption, a person or agency who placed
a minor for adoption shall provide to the prospective adoptive parent a supplemental
written report containing any information listed in subsection (a) of this section
which was unavailable before the minor was placed, but becomes reasonably available
after the placement.
(c) The Department shall prescribe forms designed to obtain specific information about
the minor and the minor’s family and shall provide these forms to any agency, attorney,
or certified placement intermediary.
(d) A report furnished under this section shall indicate who prepared the report and,
unless confidentiality has been waived, shall be edited by the person who prepared
the report to exclude the identity of any person who furnished information or about
whom information is reported.
(e) The adoptive parents shall file a copy of the report furnished under this section
in the Probate Division of the Superior Court when the petition for adoption is filed.
Upon finalization of an adoption, the Probate Division of the Superior Court shall
file a copy of the report with the adoption registry. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 73.)
§ 2-106. Interstate placement
An adoption in this State of a minor brought into this State from another state by
a prospective adoptive parent, or by a person who places the minor for adoption in
this State, is governed by the laws of this State, including this title and the Interstate
Compact on the Placement of Children. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-107. Intercountry placement
An adoption in this State of a minor brought into this State from another country
by a prospective adoptive parent, or by a person who places the minor for adoption
in this State, is governed by this title, subject to any convention or treaty on intercountry
adoption which the United States has ratified, and any relevant federal law. (Added 1995, No. 161 (Adj. Sess.), § 1.)
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Subchapter 002: PREPLACEMENT EVALUATION
§ 2-201. Preplacement evaluation required
(a) Except as otherwise provided in subsections (c) and (d) of this section, only a person
for whom a favorable written preplacement evaluation has been prepared may accept
custody of a minor for purposes of adoption.
(b) An evaluation is valid if it was completed or updated within the 12 months preceding
the placement of the minor with the person for adoption.
(c) A court may waive all or a portion of the requirement of a preplacement evaluation
for good cause shown, but a person who is the subject of a waiver shall be evaluated
during the pendency of a proceeding for adoption.
(d) A preplacement evaluation is not required if a parent or guardian places a minor directly
with a relative of the minor for purposes of adoption, but an evaluation of the relative
is required during the pendency of a proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 139 (Adj. Sess.), § 5; 1997, No. 163 (Adj. Sess.), § 7.)
§ 2-202. Preplacement evaluator
(a) A preplacement evaluation may be prepared only by a person who is qualified by the
Department to make the evaluation or who meets the qualifications of an evaluator
and is appointed by the court.
(b) An evaluator may charge a reasonable fee, based on time spent, for preparing an evaluation,
even if the person being evaluated requests that it not be completed. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-203. Timing and content of preplacement evaluation
(a) A person requesting a preplacement evaluation need not have located a prospective
minor adoptee when the request is made, and the person may request more than one evaluation.
(b) A preplacement evaluation shall be completed within 90 days after it is requested
unless extended by the court. An evaluator shall give priority to a request from a
person who has located a prospective adoptee.
(c) A preplacement evaluation shall be based upon a personal interview and visit at the
residence of the person being evaluated, personal interviews or correspondence with
others who know the person and may have information relevant to the evaluation, and
the information required by subsection (d) of this section.
(d) A preplacement evaluation shall contain the following information about the person
being evaluated:
(1) age and date of birth, nationality, racial or ethnic background, and any religious
affiliation;
(2) marital status and family history, including the age and location of any child of
the person and the identity of and relationship to anyone else living in the person’s
household;
(3) parenting experience;
(4) physical and mental health, and any history of abuse of alcohol or drugs;
(5) educational and employment history and any special skills;
(6) property and income, including outstanding financial obligations as indicated in a
current credit report or financial statement furnished by the person;
(7) any previous request for an evaluation or involvement in an adoptive placement and
the outcome of the evaluation or placement as confirmed by the Department;
(8) whether the person has been subject to an abuse prevention order issued under 15 V.S.A. § 1103 or 1104; charged with or convicted of domestic assault in violation of 13 V.S.A. § 1042 (domestic assault), 1043 (first-degree aggravated domestic assault), or 1044 (second-degree
aggravated domestic assault); or the subject of a substantiated complaint filed with
the Department; or subject to a court order restricting the person’s right to parental
rights and responsibilities or parent-child contact with a child;
(9) whether the person has been convicted of a crime other than a minor traffic violation;
(10) whether the person has located a parent interested in placing a minor with the person
for adoption and, if so, a brief description of the parent and the minor;
(11) reason for and attitude about adoption;
(12) whether the person is in noncompliance with a child support order; and
(13) any other fact or circumstance that may be relevant in determining whether the person
is suited to be an adoptive parent, including the quality of the environment in the
home and the functioning of other children in the person’s household.
(e) A person being evaluated shall submit to fingerprinting and sign a release permitting
the evaluator to obtain from an appropriate law enforcement agency any record indicating
that the person has been convicted of a crime other than a minor traffic violation.
(f) A person being evaluated shall, at the request of the evaluator, sign any release
necessary for the evaluator to obtain information required by subsection (d) of this
section. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 2, eff. June 26, 1997.)
§ 2-204. Determining suitability to be adoptive parent
(a) An evaluator shall assess the information required by section 2-203 of this title to determine whether it raises a concern that placement of any minor, or a particular
minor, in the home of the person would pose a risk of harm to the physical or psychological
well-being of the minor.
(b) If an evaluator determines that the information assessed does not raise a concern
that placement of any minor, or a particular minor, in the home of the person would
pose a risk of harm to the physical or psychological well-being of the minor, the
evaluator shall find that the person is suited to be an adoptive parent. The evaluator
may comment about any factor that in the evaluator’s opinion makes the person suited
in general or for a particular minor.
(c) If an evaluator determines that the information assessed raises a concern that placement
of any minor, or a particular minor, in the home of the person would pose a risk of
harm to the physical or psychological well-being of the minor, the evaluator, on the
basis of the original or any further investigation, shall find that the person is
or is not suited to be an adoptive parent. The evaluator shall support the finding
with a written explanation. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-205. Filing and copies of preplacement evaluation
(a) If a preplacement evaluation contains a finding that a person is suited to be an adoptive
parent, the evaluator shall give the person a signed copy of the evaluation. At the
person’s request, the evaluator shall furnish a copy of the evaluation to a person
authorized under this title to place a minor for adoption and, unless the person requests
otherwise, edit the copy to exclude identifying information.
(b) If a preplacement evaluation contains a finding that a person is not suited to be
an adoptive parent of any minor, or a particular minor, the evaluator shall immediately
give a signed copy of the evaluation to the person and to the Department. The Department
shall retain for 10 years the copy and a copy of any court order concerning the evaluation
issued pursuant to section 2-206 or 2-207 of this title.
(c) An evaluator shall retain for two years the original of a completed or incomplete
preplacement evaluation and a list of every source for each item of information in
the evaluation.
(d) An evaluator who conducted an evaluation in good faith under this part or under Part
6 of Article 3 of this title is not subject to civil liability for anything contained
in the evaluation. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-206. Review of evaluation
(a) Within 90 days after a person receives a preplacement evaluation with a finding that
he or she is not suited to be an adoptive parent, the person may petition the Probate
Division of the Superior Court for review of the evaluation.
(b) If the court determines that the petitioner has failed to prove suitability by a preponderance
of the evidence, it shall order that the petitioner not be permitted to adopt a minor
and shall send a copy of the order to the Department to be retained with the copy
of the original evaluation. If, at the time of the court’s determination, the petitioner
has custody of a minor for purposes of adoption, the court shall make an appropriate
order for the care and custody of the minor.
(c) If the court determines that the petitioner has proved suitability, the court shall
find the petitioner suitable to be an adoptive parent and the petitioner may commence
or continue a proceeding for adoption of a minor. The court shall send a copy of its
order to the Department to be retained with the copy of the original evaluation. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 2-207. Action by Department
If, before a decree of adoption is issued, the Department learns from an evaluator
or another person that a minor has been placed for adoption with a person who is the
subject of a preplacement evaluation on file with the Department containing a finding
of unsuitability, the Department shall immediately review the evaluation and investigate
the circumstances of the placement and may request that the person return the minor
to the custody of the person who placed the minor or to the Department. If the person
refuses to return the minor, the Department shall immediately commence an action or
proceeding to remove the minor from the home of the person and, pending a hearing,
the court shall make an appropriate order for the care and custody of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
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Subchapter 004: CONSENT TO AND RELINQUISHMENT FOR ADOPTION
§ 2-401. Persons whose consent to adoption is required
(a) Unless consent is not required or is dispensed with by section 2-402 of this title, in a direct placement of a minor for adoption by a parent or guardian authorized
under this title to place the minor, a petition to adopt the minor may be granted
only if consent to the adoption has been executed by:
(1) the woman who gave birth to the minor;
(2) the biological father identified by the mother or as otherwise known to the court;
(3) a man who is or has been married to the woman if the minor was born during the marriage
or within 300 days after the marriage was terminated or a court issued a decree of
separation;
(4) a man who:
(A) was not married to the minor’s mother at the time of the child’s birth;
(B) has acknowledged his paternity of the minor by executing a voluntary acknowledgment
of paternity under 15 V.S.A. § 307 or has filed a notice to retain parental rights under section 1-110 of this title; and
(C) has demonstrated a commitment to the responsibilities of parenthood by establishing
a custodial, personal, or financial relationship with the child, unless he was prevented
from demonstrating such commitment or was unable to demonstrate such commitment; and
(5) the minor’s guardian if expressly authorized by a court to consent to the minor’s
adoption; or
(6) the current adoptive or other legally recognized mother and father of the minor.
(b) Unless consent is not required under section 2-402 of this title, in a placement of a minor for adoption by an agency authorized under this title
to place the minor, a petition to adopt the minor may be granted only if consent to
the adoption has been executed by:
(1) the agency that placed the minor for adoption; and
(2) a person described in subsection (a) who has not relinquished the minor or had his
or her parental rights terminated.
(c) Unless the court dispenses with the minor’s consent, a petition to adopt a minor who
has attained 14 years of age may be granted only if, in addition to any consent required
by subsections (a) and (b) of this section, the minor has executed an informed consent
to the adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
§ 2-402. Persons whose consent not required
(a) Consent to an adoption of a minor is not required of:
(1) a person who has relinquished parental rights or guardianship powers, including the
right to consent to adoption, to an agency pursuant to this part of this article;
(2) a person whose parental relationship to the minor has been judicially terminated or
determined not to exist;
(3) a man who has not been married to the woman who gave birth to the minor and who, after
the conception of the minor, executes a notarized statement denying paternity or disclaiming
any interest in the minor and acknowledging that his statement is irrevocable when
executed;
(4) the personal representative of a deceased parent’s estate; or
(5) a parent or other person who has not executed a consent or a relinquishment and who
fails to file an answer or make an appearance in a proceeding for adoption or for
termination of a parental relationship within the requisite time after service of
notice of the proceeding.
(b) The court may dispense with the consent of:
(1) a guardian or an agency whose consent is otherwise required upon a finding that the
consent is being withheld unreasonably, contrary to the best interest of a minor adoptee;
or
(2) a minor adoptee who has attained 14 years of age upon a finding that it is not in
the best interest of the minor to require the consent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-403. Persons who may relinquish minor
A parent or guardian whose consent to the adoption of a minor is required by section 2-401 of this title may relinquish to an agency all rights with respect to the minor, including legal
and physical custody and the right to consent to the minor’s adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-404. Time and prerequisites for execution of consent or relinquishment
(a) A parent whose consent to the adoption of a minor is required by section 2-401 of this title may not execute a consent or a relinquishment sooner than 36 hours after the minor
is born. A parent who executes a consent or relinquishment may revoke the consent
or relinquishment within 21 days after the consent or relinquishment is executed by
filing a written notice in the court in which the consent was executed.
(b) A guardian may execute a consent to the adoption of a minor or a relinquishment at
any time after being authorized by a court to do so.
(c) An agency that places a minor for adoption may execute its consent at any time before
or during the hearing on the petition for adoption.
(d) A minor adoptee whose consent is required may execute a consent at any time at or
before the hearing on the petition for adoption.
(e) Before executing a consent or relinquishment, a parent shall have been informed of
the meaning and consequences of adoption, the availability of personal and legal counseling,
the consequences of misidentifying the other parent, the procedure for releasing information
about the health and other characteristics of the parent which may affect the physical
or psychological well-being of the adoptee, and the procedure for the release of the
parent’s identity pursuant to Article 6 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-405. Procedure for execution of consent or relinquishment
(a) A consent or relinquishment executed by a parent or guardian under this title shall
be signed in the presence of:
(1) a judge of a court that has jurisdiction over adoption proceedings in this or in any
other state;
(2) a person appointed by a probate judge to take consents or relinquishments;
(3) a commissioned officer on active duty in the military service of the United States,
if the person executing the consent or relinquishment is in military service; or
(4) an officer of the foreign service or a consular officer of the United States in another
country, if the person executing the consent or relinquishment is in that country.
(b) A consent executed by a minor adoptee shall be signed in the presence of the judge
before whom the proceeding is pending.
(c) A parent who is a minor is competent to execute a consent or relinquishment if the
parent has had the advice of an attorney who is not representing an adoptive parent
or the agency to which the parent’s child is relinquished. The attorney shall be present
when the consent or relinquishment is executed.
(d) A person before whom a consent or relinquishment is signed under subsection (a) of
this section shall certify in writing that he or she orally explained the contents
and consequences of the consent or relinquishment and, to the best of the person’s
knowledge or belief, the person executing the consent or relinquishment:
(1) read or was read the consent or relinquishment and understood it;
(2) signed the consent or relinquishment voluntarily;
(3) received or was offered a copy of the consent or relinquishment and the information
described in subsection 2-404(e) of this title;
(4) if a parent, understands that personal counseling was available by a certified adoption
counselor or other counselor of his or her choice;
(5) if a parent who is a minor, was advised by an attorney who is not representing an
adoptive parent or the agency to which the parent’s child is being relinquished, or,
if an adult, was informed of the right to have an attorney who is not representing
an adoptive parent or an agency to which the parent’s child is being relinquished;
(6) if a mother who has not identified a biological father, has responded to inquiries
under section 3-404 of this title; and
(7) if a parent who has identified another parent who is deceased, has provided the names
and addresses of persons described in subdivision 3-401(a)(6) of this title.
(e) A prospective adoptive parent named or described in a consent to the adoption of a
minor shall sign a statement indicating an intention to adopt the minor, acknowledging
an obligation to return legal and physical custody of the minor to the minor’s parent
if the parent revokes the consent within the time specified in subsection 2-404(a) of this title, and acknowledging responsibility for the minor’s support and medical and other care
if the consent is not revoked.
(f) If an agency accepts a relinquishment, an employee of the agency shall sign a statement
accepting the relinquishment, acknowledging its obligation to return legal and physical
custody of the child to the minor’s parent if the parent revokes the relinquishment
within the time indicated in subsection 2-404(a), and acknowledging responsibility
for the minor’s support and medical and other care if the relinquishment is not revoked.
(g) A person before whom a consent or a relinquishment is signed or confirmed shall certify
having received the statements required by subsections (e) and (f) of this section.
(h) A consent by an agency to the adoption of a minor in the agency’s legal custody shall
be executed by the head of the agency or a person authorized by the agency and shall
be signed or confirmed under oath in the presence of a person authorized to take acknowledgments.
(i) A consent or relinquishment executed in another state or country is valid if in accordance
with this title or with the law and procedure of the state or country in which executed. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-406. Content of consent or relinquishment
(a) A consent or relinquishment required from a parent or guardian under this title shall
be in writing and contain, in plain English or, if the native language of the parent
or guardian is a language other than English, in that language:
(1) the name, date of birth, and current mailing address of the individual executing the
consent or relinquishment;
(2) the date of birth and the name of the minor adoptee;
(3) if a consent, the name, address, and telephone number of the attorney representing
the prospective adoptive parent with whom the individual executing the consent has
placed or intends to place the minor for adoption;
(4) if a relinquishment, the name, address, and telephone number of the agency to which
the minor is being relinquished;
(5) specific instructions as to how to revoke the consent or relinquishment and how to
commence an action to set it aside;
(6) the name and address of the court, if known to the parent, in which the petition for
adoption has been or will be filed, or if unknown to the parent, the name and address
of a court in which a motion to set aside a consent on the ground of fraud or coercion
may be filed.
(b) A consent shall state that the parent or guardian executing the document is voluntarily
and unequivocally consenting to the transfer of legal and physical custody to, and
the adoption of the minor by, a specific adoptive parent whom the parent or guardian
has selected.
(c) A relinquishment shall state that the individual executing the relinquishment voluntarily
consents to the permanent transfer of legal and physical custody of the minor to the
agency for the purposes of adoption.
(d) A consent or relinquishment shall state:
(1) an understanding that after the consent or relinquishment is executed in substantial
compliance with section 2-405 of this title, it is final and, except under a circumstance stated in sections 2-408 or 2-409 of this title, or subsection (e) of this section may not be revoked or set aside for any reason,
including the failure of an adoptive parent to permit the individual executing the
consent or relinquishment to visit or communicate with the minor adoptee;
(2) an understanding that the consent or relinquishment will extinguish all parental rights
and obligations the individual executing the consent or relinquishment has with respect
to the minor adoptee;
(3) an understanding that the adoption will terminate completely every aspect of the legal
relationship between the adoptee and the person executing the consent or relinquishment
has with respect to the minor adoptee, except for arrearages of child support, and
will remain valid whether or not any agreement for visitation or communication with
the minor adoptee is later performed;
(4) that the individual executing the consent or relinquishment has:
(A) received a copy of the consent or relinquishment;
(B) been advised, if a parent who is a minor, by an attorney who is not representing an
adoptive parent or the agency to which the minor adoptee is being relinquished, or,
if an adult, has been informed of the right to have an attorney who is not representing
an adoptive parent or the agency;
(C) been provided the information described in subsection 2-404(e) of this title;
(D) been advised of the obligation to provide the information required under section 2-105 of this title;
(E) if a parent, understands that personal counseling was available by a certified adoption
counselor or other counselor of his or her choice; and
(F) been informed that it is in the best interests of the child to keep the court or agency
informed of his or her current address and any family health problem which the parent
develops or becomes aware of which could affect the child, in order for the court
or agency to respond to any inquiry concerning the adoptee’s medical or social history;
(5) that the individual executing the consent or relinquishment has not received or been
promised any money or anything of value for the consent or the relinquishment, except
for payments authorized by Article 7 of this title that are itemized on a schedule
attached to the consent or relinquishment;
(6) that the minor is or is not an Indian child as defined in the Indian Child Welfare
Act, 25 U.S.C. §§ 1901 et seq.;
(7) that the individual believes the adoption of the minor is in the minor’s best interests;
(8) that the individual who is consenting or relinquishing:
(A) does not waive notice of any proceeding for adoption; or
(B) waives notice of any proceeding for adoption; or
(C) waives notice unless the adoption is contested, appealed, or denied; and
(9) an understanding that the adoption will make an order or agreement for visitation
or communication with the minor unenforceable; and
(10) for the purpose of evaluating the reasonableness of reimbursement or expenses as provided
for in section 7-103 of this title, whether the individual executing the consent or relinquishment has received any
public assistance during the last 12 months.
(e) A consent or relinquishment may provide for its revocation if:
(1) another consent or relinquishment is not executed within a specified period;
(2) a court decides not to terminate another individual’s parental relationship to the
minor; or
(3) in a direct placement for adoption, a petition for adoption by a prospective adoptive
parent, named or described in the consent, is denied or withdrawn. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-407. Consequences of consent or relinquishment
(a) Except under a circumstance stated in section 2-408 of this title, a consent to the adoption of a minor, which consent is executed by a parent or guardian
in substantial compliance with sections 2-405 and 2-406 of this title, is final and irrevocable 21 days after execution, and:
(1) unless a court orders otherwise to protect the welfare of the minor, entitles the
prospective adoptive parent named or described in the consent to the legal and physical
custody of the minor, and imposes on that person responsibility for the support and
medical and other care of the minor;
(2) terminates any responsibility of a parent who executed the consent with respect to
the minor, including child support (except for arrearages) upon filing the consent
with the Family Division of the Superior Court that entered the child support order
and notifying the office of child support; and
(3) terminates any right of a parent or guardian who executed the consent to object to
the minor’s adoption by the prospective adoptive parent unless otherwise provided
in the consent.
(b) Except under a circumstance stated in section 2-409 of this title, a relinquishment of a minor to an agency executed in substantial compliance with
sections 2-405 and 2-406 is final and irrevocable 21 days after it is executed, and:
(1) unless a court orders otherwise to protect the welfare of the minor, entitles the
agency to the legal custody of the minor until a decree of adoption becomes final;
(2) empowers the agency to:
(A) place the minor for adoption;
(B) consent to the minor’s adoption; and
(C) delegate to a prospective adoptive parent responsibility for the support and medical
and other care of the minor;
(3) terminates any responsibility of the person who executed the relinquishment with respect
to the minor, including child support (except for arrearages) upon filing the relinquishment
with the Family Division of the Superior Court that entered the child support order
notifying the office of child support; and
(4) terminates any right of the person who executed the relinquishment to object to the
minor’s adoption and, unless otherwise provided in the relinquishment, any right to
notice of the proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)
§ 2-408. Revocation of consent
(a) In a direct placement of a minor for adoption by a parent or guardian, and before
the adoption is finalized, a consent is revoked if:
(1) within 21 days after the consent is executed, a parent who executed the consent notifies
the court in writing that the parent revokes the consent, or the parent complies with
any other instructions for revocation specified in the consent; or
(2) the person who executed the consent and the prospective adoptive parent named or described
in the consent agree to its revocation.
(b) In a direct placement of a minor for adoption by a parent or guardian, the court shall
set aside the consent if the person who executed the consent establishes:
(1) by clear and convincing evidence, before a decree of adoption is issued, that the
consent was obtained by fraud or duress;
(2) by a preponderance of the evidence before a decree of adoption is issued that, without
good cause shown, a petition to adopt was not filed within 45 days after the minor
was placed for adoption, unless the 45-day period was extended by the court, in which
event the petition to adopt was not filed within the extended period set by the court;
or
(3) by a preponderance of the evidence, that a condition permitting revocation has occurred,
as expressly provided for in the consent pursuant to section 2-406 of this title.
(c) If the consent of a person who had legal and physical custody of a minor when the
minor was placed for adoption or when the consent was executed is revoked, the prospective
adoptive parent shall immediately return the minor to the custody of the person who
executed the consent and move to dismiss a proceeding for adoption or termination
of the person’s parental relationship to the minor. If the minor is not returned immediately,
the person may petition the court named in the consent for appropriate relief. The
court shall hear the petition expeditiously.
(d) If the consent of a person who had legal and physical custody of a minor when the
minor was placed for adoption or when the consent was executed is set aside under
subdivision (b)(1) of this section, the court shall order the immediate return of
the minor to the custody of the person and dismiss a proceeding for adoption.
(e) If the consent of a person who had legal and physical custody of a minor when the
minor was placed for adoption or when the consent was executed is set aside under
subdivision (b)(2) or (3) of this section and no ground exists under Article 3, Part
5 of this title, for terminating the relationship of parent and child between the
person and the minor, the court shall dismiss a proceeding for adoption and order
the immediate return of the minor to the custody of the person, unless the court finds
that return will be detrimental to the minor.
(f) If the consent of a person who did not have physical custody of a minor when the minor
was placed for adoption or when the consent was executed is revoked or set aside and
no ground exists under Article 3, Part 5 of this title, for terminating the relationship
of parent and child between the person and the minor, the court shall dismiss a proceeding
for adoption and issue an order providing for the care and custody of the minor according
to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 2-409. Revocation of relinquishment
(a) A relinquishment under this title is revoked if:
(1) within 21 days after a relinquishment is executed, a parent who executed the relinquishment
gives written notice to the court in which the relinquishment was signed and the agency
to which the minor has been relinquished that the parent revokes the relinquishment,
or the parent complies with any other instructions for revocation specified in the
relinquishment; or
(2) the person who executed the relinquishment and the agency that accepted it agree to
its revocation.
(b) The court shall set aside a relinquishment if the person who executed the relinquishment
establishes:
(1) by clear and convincing evidence, before a decree of adoption is issued, that the
relinquishment was obtained by fraud or duress; or
(2) by a preponderance of the evidence, that a condition permitting revocation has occurred,
as expressly provided for in the relinquishment pursuant to section 2-406 of this title.
(c) If a relinquishment by a person who had legal and physical custody of a minor when
the relinquishment was executed is revoked, the agency shall immediately return the
minor to the person’s custody and move to dismiss a proceeding for adoption. If the
minor is not returned immediately, the person may petition the court named in the
relinquishment for appropriate relief. The court shall hear the petition expeditiously.
(d) If a relinquishment by a person who had legal and physical custody of a minor when
the relinquishment was executed is set aside under subdivision (b)(1) of this section,
the court shall dismiss any proceeding for adoption and order the immediate return
of the minor to the custody of the person.
(e) If a relinquishment by a person who had legal and physical custody of a minor when
the relinquishment was executed is set aside under subdivision (b)(2) of this section
and no ground exists under Article 3, Part 5 of this title, for terminating the relationship
of parent and child between the person and the minor, the court shall dismiss a proceeding
for adoption and order the immediate return of the minor to the custody of the person,
unless the court finds that return will be detrimental to the minor.
(f) If a relinquishment by a person who did not have physical custody of a minor when
the relinquishment was executed is revoked or set aside and no ground exists under
Article 3, Part 5, for terminating the relationship of parent and child between the
person and the minor, the court shall dismiss a proceeding for adoption and shall
issue an order providing for the care and custody of the minor according to the best
interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)