Adoption

Adoption is a judicial proceeding that transfers all rights and responsibilities of a natural parent, if known, to an adoptive parent. The procedures as set out by law are intended to protect the best interests of the children and the rights of parents or guardians.

The court will generally not grant an adoption unless the child's parents and guardian, if there is one, consent to the adoption. Consent is not required in the following instances:

• The parent has abandoned the child.
• The parental rights have been terminated.
• There is no parent or guardian qualified to consent.
• The commissioner or agency having authority to place a child for adoption has exclusive right to consent to the adoption.

In certain situations, other consents may be required. If the natural parent consenting to the adoption is an unmarried minor, that person's parents or guardians must also consent to the adoption. If the child to be adopted is over 14 years of age, the child must consent in writing.

In 1997, the legislature created the putative fathers' adoption registry. A "putative father" is a male who may be a child's father but who is not married to the child's mother on or before the date the child was or is to be born and has not been adjudicated the father of the child. The registry contains information about the putative father, the mother, and the child. No adoption may be granted unless the adoption agency, the birth mother of the child or, in the case of a step-parent or relative adoption, the county agency requests the commissioner to search the registry to determine whether a putative father is registered in relation to the child who is being adopted.