§ 2-405. Procedure for execution of consent or relinquishment

(a) A consent or relinquishment executed by a parent or guardian under this title shall be signed in the presence of:

(1) a judge of a court that has jurisdiction over adoption proceedings in this or in any other state;

(2) a person appointed by a probate judge to take consents or relinquishments;

(3) a commissioned officer on active duty in the military service of the United States, if the person executing the consent or relinquishment is in military service; or

(4) an officer of the foreign service or a consular officer of the United States in another country, if the person executing the consent or relinquishment is in that country.

(b) A consent executed by a minor adoptee shall be signed in the presence of the judge before whom the proceeding is pending.

(c) A parent who is a minor is competent to execute a consent or relinquishment if the parent has had the advice of an attorney who is not representing an adoptive parent or the agency to which the parent's child is relinquished. The attorney shall be present when the consent or relinquishment is executed.

(d) A person before whom a consent or relinquishment is signed under subsection (a) of this section shall certify in writing that he or she orally explained the contents and consequences of the consent or relinquishment and, to the best of the person's knowledge or belief, the person executing the consent or relinquishment:

(1) read or was read the consent or relinquishment and understood it;

(2) signed the consent or relinquishment voluntarily;

(3) received or was offered a copy of the consent or relinquishment and the information described in subsection 2-404(e) of this title;

(4) if a parent, understands that personal counseling was available by a certified adoption counselor or other counselor of his or her choice;

(5) if a parent who is a minor, was advised by an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished, or, if an adult, was informed of the right to have an attorney who is not representing an adoptive parent or an agency to which the parent's child is being relinquished;

(6) if a mother who has not identified a biological father, has responded to inquiries under section 3-404 of this title; and

(7) if a parent who has identified another parent who is deceased, has provided the names and addresses of persons described in subdivision 3-401(a)(6) of this title.

(e) A prospective adoptive parent named or described in a consent to the adoption of a minor shall sign a statement indicating an intention to adopt the minor, acknowledging an obligation to return legal and physical custody of the minor to the minor's parent if the parent revokes the consent within the time specified in subsection 2-404(a) of this title, and acknowledging responsibility for the minor's support and medical and other care if the consent is not revoked.

(f) If an agency accepts a relinquishment, an employee of the agency shall sign a statement accepting the relinquishment, acknowledging its obligation to return legal and physical custody of the child to the minor's parent if the parent revokes the relinquishment within the time indicated in subsection 2-404(a), and acknowledging responsibility for the minor's support and medical and other care if the relinquishment is not revoked.

(g) A person before whom a consent or a relinquishment is signed or confirmed shall certify having received the statements required by subsections (e) and (f) of this section.

(h) A consent by an agency to the adoption of a minor in the agency's legal custody shall be executed by the head of the agency or a person authorized by the agency and shall be signed or confirmed under oath in the presence of a person authorized to take acknowledgments.

(i) A consent or relinquishment executed in another state or country is valid if in accordance with this title or with the law and procedure of the state or country in which executed. (Added 1995, No. 161 (Adj. Sess.), § 1.)