Adoption consent refers to the birth parent or agency that is acting in place of a birth parent, to release or relinquish a child for adoption.
This consent to adoption, or act of releasing a child for adoption, comes initially from a birth mother and birth father, if he has established his paternity.
If birth parents have lost their parental rights the power of consent transfers to another legal entity. Other legal entities could include:
- Agency that has custody of the child
- Any person who has been given custody
- The guardian
- The child's attorney or guardian ad litem
- The court having jurisdiction over the child
- A close relative of the child
- Almost all states require that older children give consent to their adoptions.
Birth parents may lose their parental rights due to a variety of reasons including: abandonment, failure to support, abuse, neglect, or mental incompetence.
SOURCE: Child Welfare Information Gateway