Securing the Consent to Adopt from Birth Parent(s)

AuthorJeffrey Kasky; Robert Andrew Kasky
Pages71-74
71
CHAPTER
13
Securing the Consent to
Adopt from Birth Parent(s)
As previously noted, each state has unique laws, rules, and regulations governing just about every aspect of
adoption. Securing the legal and binding consent document from the birth parent(s) of the child is one of
the most important steps in the adoption process, and it must be accomplished in strict compliance with the
applicable state’s laws. Most importantly, the birth parent(s)’s consent must be given knowingly, intelligently,
and voluntarily and in the absence of fraud or duress.
We are not going to discuss the variety of state regulatory patterns which govern this area other than to
use Florida as an example of just one state’s legal requirements for the consent process. From this discussion,
we think you will get the sense of importance of this aspect of the process.
In Florida, a birth father may execute an Affidavit of Nonpaternity which is the equivalent of a legally
binding consent to adopt. This instrument may be executed before the birth of the baby. It must be signed
in the presence of two witnesses (who may be of his choosing) and a notary public. Once signed, this
document is irrevocable unless it was secured by fraud or duress.
A birth mother, on the other hand, may not sign a legally binding consent to adoption until after the baby
is born. Her consent must also be witnessed and notarized as above. The timing of the birth mother’s consent
signing is important and is dictated by state law.
Each state has prescribed time periods during which such consents may be signed. By way of example,
Florida law permits the birth mother to execute a consent to adoption at the earlier of 48 hours after the
birth of the child or the day on which she is notified in writing of her discharge from the hospital. There-
fore, if the birth mother has a C-section, consent papers may not be signed until 48 hours after the baby
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