Who May Adopt, Be Adopted, or Place a Child for Adoption - American Samoa
Date: January 2020
Who May Adopt
Citation: Ann. Code § 45.0411
The following persons may adopt:
- Any person age 21 or older
- A minor who petitions the court and receives approval to adopt
Who May Be Adopted
Citation: Ann. Code §§ 45.0410; 45.0412
The following persons may be adopted:
- Any child under age 18 years of age, legally available and present in the territory
- A person older than 18 but under 21 whose adoption is approved by the court
A child may be available for adoption only upon any of the following:
- An order of the court terminating all parental rights
- An order of the court decreeing the voluntary relinquishment of all parental rights
- Written and verified consent of the court-appointed guardian of a child whose parents are deceased or whose parental rights have been terminated
- Written and verified consent of the parent in a stepparent adoption when the following apply:
- The other parent is deceased or his or her rights have been terminated.
- The other parent has abandoned the child for a period of 1 year or more or has failed without cause to provide reasonable support for the child for a period of 1 year or more.
- Written and verified consent of the parent having only residual rights when custody has been awarded to the other parent in a dissolution of marriage proceeding, and the spouse of the parent having custody wishes to adopt the child
- Written and verified consent of the parent or parents in a stepparent adoption when the child is conceived and born out of wedlock
Who May Place a Child for Adoption
Citation: Ann. Code § 45.0413
A child may be placed by only one of the following:
- An individual who is the guardian of the child
- The court
- The Department of Health
- A child-placing agency or institution