Consent to Adoption - Nevada
Who Must Consent to an Adoption
Citation: Rev. Stat. § 127.040
Written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments is required from the following:
- Each legal parent who is living
- Any guardian of the child appointed by the court
Consent of Child Being Adopted
Citation: Rev. Stat. § 127.020
The consent of a child who is age 14 or older is required.
When Parental Consent is not Needed
Citation: Rev. Stat. §§ 127.040; 127.090
Consent is not required of a parent who has been adjudged insane for 2 years if the court is satisfied by proof that such insanity is incurable.
Consent of a parent to an adoption shall not be necessary when parental rights have been terminated by an order of a court of competent jurisdiction.
When Consent Can Be Executed
Citation: Rev. Stat. § 127.070
All releases for and consents to adoption executed by the parent who gave birth to a child before the birth of a child or within 72 hours after the birth of a child are invalid.
Release for or consent to adoption may be executed by a parent before the birth of the child if the parent is not married to the parent who gave birth to the child.
How Consent Must Be Executed
Citation: Rev. Stat. § 127.053
No consent to a specific adoption is valid unless it meets the following requirements:
- It identifies the child to be adopted by name (if any), sex, and date of birth.
- It is in writing and signed by the person consenting to the adoption.
- It is acknowledged by the person signing the consent to adoption in the manner and form required for conveyances of real property.
- It contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.
- It is attested by at least two competent, disinterested witnesses who sign their names to the consent in the presence of the person consenting.
If neither the petitioner nor the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by one of the following:
- An agency that provides child welfare services
- An agency licensed in this State to place children for adoption
- A comparable State or county agency of another State
- An agency authorized under the laws of another State to place children for adoption if the natural parent resides in that State
Revocation of Consent
Citation: Rev. Stat. §§ 127.070; 127.080
A release for or consent to adoption executed by a parent who is not married to the parent who gave birth to the child becomes invalid if any of the following occurs:
- The parents of the child marry each other before the child is born.
- The parent who gave birth to the child does not execute a release for or consent to adoption of the child within 6 months after the birth of the child.
- No petition for adoption of the child has been filed within 2 years after the birth of the child.
A minor parent may execute a relinquishment for adoption and cannot revoke it upon coming of age.