Consent to Adoption - Virgin Islands

Who Must Consent to an Adoption

Citation: Ann. Code Tit. 16, § 142(a)

Consent must be given by the following:

• The parents of the child or the survivor of them
• If neither parent is living, the guardian of the child
• If there is no guardian, the next of kin in the Virgin Islands
• If there is no next of kin, a guardian ad litem appointed by the court

Consent of Child Being Adopted

Citation: Ann. Code Tit. 16, § 144

If the child is age 14 or older, the adoption shall not be made without his or her consent given to the court on privy examination.

When Parental Consent is not Needed

Citation: Ann. Code Tit. 16, § 142(b)

The consent of the parent is not required if any of the following applies to either parent:

• Is insane or imprisoned in a penitentiary under sentence for a term not less than 2 years
• Has willfully deserted and neglected to provide proper care and maintenance for the child for 1 year immediately prior to the filing of the petition
• Is an unfit person to have the care and custody of the child

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed.

How Consent Must Be Executed

Citation: Ann. Code Tit. 16, § 142(a)

Consent must be in writing.

Revocation of Consent

This issue is not addressed in the statutes reviewed.