How is consent executed?
The manner in which consent can be executed varies considerably from state to state. In many states the District of Columbia, and the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, consent may be executed by a written statement witnessed and/or notarized by a notary public. Other states may require an appearance before a judge or the filing of a petition of relinquishment. Some states require that the parent be provided with counseling, so as to have his or her rights and the legal effect of relinquishment explained to him or her, or is provided with legal counsel prior to consent. In cases in which custody has previously been placed with an agency, the head of the agency may sign an affidavit of consent. In Nevada, a consent must be signed by two witnesses and must also be notarized. Unless, the adoption is an intra-family adoption, one of the witnesses must be a licensed social worker.
