Most state statutes in the US set forth the requirements for the form and process of parental consent to adoption.
Under the adoption laws, natural father’s consent to adoption of the child is essential. However, where the identity or whereabouts of the natural father is not known, an adoption can be finalized without his consent. In such cases, if later on the identity of the natural father is discovered and he is also willing to assume parental rights with responsibilities, the Court may reopen the adoption issue for consideration afresh in the light of such subsequent discoveries.
The US Supreme Court has held that even the unwed father, who has lived in with the mother of the child for a minimum specified time before his birth, is entitled to block adoption, since he has a say in the adoption process.
Consent signed by the parent, either immediately before or after the birth of the child, may not be trusted by the Courts due to the weakened mental or physical condition of the mother.
Similarly, consent of the missing parent may be dispensed with, where diligent efforts to track the concerned person have failed. In case, where the missing parent has abandoned the child or failed to provide necessary child support, adoption may be allowed upon notice to such parent directed at the last known address.
Under most state laws, consent of the natural parents, who have forfeited their parental claims through continuous abdication of their parental responsibilities, is not required for adoption.
Consent of the non custodial parent is often dispensed with, in order to facilitate the integration of the child of an earlier marriage into the family created by the new wedlock of the custodial parent.
Consent of the child may be necessary depending on his age. Consent of the adoption child, typically 10 to 14 years old, will be necessary according to the laws of many states or jurisdictions.
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