Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption laws in District
of Columbia may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of District of Columbia child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Intermediaries/Facilitators
Citation: Ann. Code § 4-1405(a)
No person other than the parent, guardian, or relative within the third degree, and no firm, corporation, association, or agency other than a licensed child-placing agency may place or arrange or assist
in placing or arranging for the placement of a child under 16 years of age in a family home or for adoption.
State Regulation of Adoption Expenses
Allowable Payments for Arranging Adoption
Citation: § 4-1410
No person or agency may charge for services in connection with placing a child for adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code § 16-304
Consent to a proposed adoption of a person under age 18 is necessary from:
Both parents, if they are both alive
The living parent, if one of the parents is dead
The court-appointed guardian of the prospective adopted person
A licensed child-placing agency or the Mayor, if the parental rights of the parent or parents have been terminated by a court of competent jurisdiction or by a release of parental rights to the Mayor or
licensed child-placing agency
The Mayor, in any situation not otherwise provided for by this subsection
Minority of a natural parent is not a bar to that parent's consent to adoption.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 16-304
Consent to a proposed adoption is necessary from the prospective adopted person if he or she is age 14 or older.
When Parental Consent is not Needed
Citation: Ann. Code § 16-304
When a parent whose consent is required, after such notice as the court directs, cannot be located, or has abandoned the prospective adopted person and voluntarily failed to contribute to his or her support
for a period of at least 6 months next preceding the date of the filing of the petition, the consent of that parent is not required.
The court may grant a petition for adoption without any of the consents specified above when the court finds, after a hearing, that the consent or consents are withheld contrary to the best interest
of the child.
When Consent Can Be Executed
Citation: Ann. Code § 4-1406(b)
No relinquishment of parental rights shall be made within the first 72 hours after birth. Prior to any relinquishment, the licensed child-placing agency shall provide counseling, by a professional social
worker, to the relinquishing parent regarding the alternative services available in addition to psychological and emotional counseling to both the parent and the child.
Revocation of Consent
Citation: Ann. Code § 4-1406(c)-(d)
Any relinquishment of parental rights executed by a single natural parent or by both natural parents, other than by court order as provided in this subsection, may be automatically revoked by a verified
writing executed by the single parent or both parents, respectively, and submitted to the agency within 10 calendar days of executing a legal relinquishment. Where both natural parents execute a relinquishment
of parental rights, other than by court order, either parent may automatically revoke his or her relinquishment of parental rights by executing a verified writing submitted to the agency within 10 calendar
days of executing the relinquishment. The rights of the parent not seeking custody shall be terminated, and such parent shall not have the power to obstruct the revocation. No relinquishment of parental
rights shall be considered final until the revocation period has expired with no revocation having been made by the natural parent. Automatic revocation of relinquishment can be exercised only once.
A waiting period of 30 days from the date of revocation of the first relinquishment shall expire before a second relinquishment can be executed. A relinquishment, if exercised a second time, shall be
irrevocable, unless an additional right to revoke is granted by court order upon a finding that the relinquishment was not given voluntarily, e.g., the relinquishment was induced by fraud, coercion, material
mistake, or other factors that bear on a determination of voluntariness.
Rights of Presumed (Putative) Fathers, The
Registry/Paternity Requirements to Receive Notice
Citation: §§ 16-2357; 16-304; 16-2359
Notice of termination proceeding is given to both parents, a court appointed guardian, or licensed agency.
If a parent is given proper notice and does not appear at the hearing, the judge may proceed without him or her.
When a parent cannot be located, or has abandoned the prospective adopted person, and voluntarily failed to contribute to his of her support for a period of at least 6 months preceding the date of the
filing of the petition, notice is not required.
Please visit adoption law in District of Columbia for more details. |