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View Full Version : If a minor wants do give baby in adoption does a legal parent have to sign


vionette
Feb 8, 2011, 09:11 PM

AK lawyer
Feb 8, 2011, 10:55 PM
Possibly. Which state are we talking about?

Synnen
Feb 8, 2011, 11:05 PM
Actually, AK--as far as I know, in NO STATE does a minor have to have parental permission to relinquish their child to adoption. Ever.

That could be misconstrued as coercion in either direction otherwise.

In all matters relating to their child, a minor is considered an adult and emancipated--and as far as I know, that is true in EVERY state. A minor's parents cannot force them to choose adoption--nor can they prevent the minor from choosing adoption.

If you have statutes that say otherwise, I'd love to see them--but I know of no case where a minor cannot make that choice without permission from a parent.

Synnen
Feb 8, 2011, 11:06 PM
I should clarify: I know of no case where the minor is not mentally incapable of making that decision that a parent can make that choice for the minor.

AK lawyer
Feb 8, 2011, 11:24 PM
Actually, AK--as far as I know, in NO STATE does a minor have to have parental permission to relinquish their child to adoption. Ever. ...

That may be true. I am not prepared to check the statutes of every state to find out.

But I will take (at least until the OP tells me where to look) your word for it. Thanks.

ScottGem
Feb 9, 2011, 04:56 AM
What Synnen said is accurate as far as I know. But another issue needs to be mentioned. BOTH parents have to agree to the adoption (unless the pregnancy was the result of a rape).

AK lawyer
Feb 9, 2011, 05:16 AM
What Synnen said is accurate as far as I know. But another issue needs to be mentioned. BOTH parents have to agree to the adoption (unless the pregnancy was the result of a rape).

Certain measures have to be taken to notify both parents. Usually it will be the father who may be difficult to locate.

Agreement is different that notification. Assuming both parents are notified, agreement can be waived for various reasons set forth in statute. Depending on the state, rape may or might not be specified as one such reason.