Consent

COL 6/21/2023 CH. 4 PARENT AND CHILD

(a)Where a petition is filed by a relative of the child within the second degree either by blood or affinity, no adoption of such child may be ordered unless the written consent to the adoption of the child by the petitioner is given by each parent of the child or if there is no parent, by the guardian of the child’s person. A minor parent may consent to an adoption but his consent shall be effective only when concurred by his parents or his guardian of the person.

(b)Where a petition is filed by any other person, no adoption of a child may be ordered unless the written consent to the adoption of such child by the petitioner is given by the child’s guardian of the person. Where the consent of a guardian of the child’s person is required, the court may dispense with such consent only if it finds that the withholding of such consent is arbitrary and capricious. Consents shall be acknowledged before a notary public and witnessed by a representative of the court.

(c)Where the child is twelve

(12)years of age or older, the adoption shall not be granted without his consent. Such consent shall be given in court or shall be in writing in such form as the court may direct.