Consent to Adoption - Guam

Who Must Consent to an Adoption

Citation: Ann. Code Tit. 19, § 4206

When a petition is filed by a relative of the child within the second degree either by blood or affinity, no adoption of that 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 or her consent shall be effective only when concurred by his or her parents or guardian.

When a petition is filed by any other person, no adoption of a child may be ordered unless the written consent to the adoption of that child by the petitioner is given by the child's guardian.

Consent of Child Being Adopted

Citation: Ann. Code Tit. 19, § 4206

A child who is age 12 or older must consent to the adoption.

When Parental Consent is not Needed

Citation: Ann. Code Tit. 19, § 4206(b)

When 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 that consent is arbitrary and capricious.

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed.

How Consent Must Be Executed

Citation: Ann. Code Tit. 19, §§ 4206(b); 4207

Consents shall be acknowledged before a notary public and witnessed by a representative of the court.

Written consent shall be attached to the adoption petition. In the case of a consent by a guardian, the guardian shall file directly with the court satisfactory evidence of his or her authority to consent.

When the parent-child relationship has been terminated by judicial decree, a certified copy of the termination decree shall be filed directly with the court by the guardian of the child's person.

Revocation of Consent

Citation: Ann. Code Tit. 19, § 4208

Withdrawal of any consent for adoption shall not be permitted except when the court finds that withdrawal will be in the best interests of the child. The entry of an order of adoption renders any consent irrevocable.