Also known as:written consent to adoption · written consents for adoption · adoption consent · consent to adoption
Written by attorneys · grounded in primary & secondary sources — see below
A formal document executed by a biological parent that authorizes the adoption of a child. The document must be in writing and notarized. It cannot be given irrevocably before birth and remains revocable before entry of the final adoption decree if revocation serves the child's best interests after notice and hearing.
Sources & Authorities
How it applies
Common Examples
2
Pre-Birth Consent Withdrawal Request
Wanda Weaver, pregnant and living in a remote work camp, signed a notarized pre-birth consent form allowing her supervisor Dana and Dana's husband Chris to adopt the child. After birth and placement but before any decree, Wanda petitioned to revoke the consent. The court scheduled a noticed hearing to determine whether revocation would serve the child's best interests.
Surrogacy Consent Formalization
Winona Walsh entered a surrogacy arrangement with intended parents Warren Wu and Whitney Washington. After the child was born, Winona executed a written and notarized consent to adoption that transferred parental rights to the intended parents. The court treated the consent as effective only after confirming compliance with timing and formal requirements before entering the adoption decree.
Select any source to read its text and confirm it supports the definition.
Common Law
Casebooks
Johnson v. Calvert851 P.2d 776, cert. denied, 510 U.S. 874, and cert. dismissed sub nom. Baby Boy J. v. Johnson, 510 U.S. 938 (1993)
Common questions
Frequently Asked
3
When may a parent revoke a written consent to adoption?+
A parent may seek revocation before entry of the final adoption decree. The court then holds a noticed hearing and decides whether revocation serves the child's best interests.
Supporting sources
Does notarization alone make a written consent irrevocable?+
No. Notarization satisfies the writing and acknowledgment requirement but does not override the prohibition on irrevocable pre-birth consent or the rule that revocation remains possible before the decree if it serves the child's best interests.
Supporting sources
What happens to a written consent once the adoption decree is entered?+
The consent becomes irrevocable. No further withdrawal is permitted regardless of changed circumstances.
Supporting sources
447 S.W.3d 807 (Tenn. 2014)Contracts
…This Agreement in no way constitutes payment for a child, placement of a child, relinquishment of parental rights, or consent to adoption. 11. All parties acknowledge that legal issues surrounding surrogacy are an unsettled area of law in the state of Tennessee. All parties acknowledge that statutes regarding domestic…