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.