§ 2-101. Who may place minors for adoption

(a) The only persons who may place a minor for adoption are:

(1) a parent having legal and physical custody of the minor, as provided in subsections (b) and (c) of this section;

(2) a guardian expressly authorized by the court to place the minor for adoption;

(3) an agency to which the minor has been relinquished for purposes of adoption; or

(4) an agency expressly authorized to place the minor for adoption by a court order terminating the relationship between the minor and the minor's parent or guardian.

(b) Except as provided in subsection (c) of this section, a parent having legal and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent or a relinquishment or the other parent's relationship to the minor has not been terminated.

(c) A parent having legal and physical custody of a minor may not place the minor for adoption if the other parent has legal custody or a right of visitation with the minor and that parent's whereabouts are known, unless that parent agrees in writing to the placement or, before the placement, the parent who intends to place the minor sends notice of the intended placement by certified mail to the other parent's last known address.

(d) An agency authorized under this title to place a minor for adoption may place the minor for adoption, even if only one parent has executed a relinquishment or has had his or her parental relationship to the minor terminated. (Added 1995, No. 161 (Adj. Sess.), § 1.)