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 Nevada 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 Nevada child adoption law including such topics as advertising, adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Stat. §§ 127.283; 127.310(1)
An agency that provides child welfare services or any child-placing agency may publish in any newspaper published in this State or broadcast by television a photograph or any relevant personal information
concerning any child who is difficult to place for adoption.
A child-placing agency shall not publish or broadcast:
Any personal information that reveals the identity of the child or his parents
A photograph or personal information of a child without the prior approval of the agency having actual custody of the child.
No person or organization, other than an agency that provides child welfare services, may advertise in any periodical or newspaper, or by radio or other public medium, that he or she will place children
for adoption, or accept, provide, or obtain children for adoption, unless he or she holds a valid license to place children for adoption.
Use of Intermediaries/Facilitators
Citation: Rev. Stat. §§ 127.240; 127.285(1)
No person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption without securing and having in full force a license to operate a child-placing
agency issued by the division. This subsection applies to agents, servants, physicians, and attorneys of parents or guardians, as well as to other persons.
This section does not prohibit a person, including a person acting in his or her professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is
paid.
An attorney may not receive compensation for taking part in finding children for adoption, or finding parents to adopt children.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 127.287(3)
A person may pay medical and other necessary living expenses as long as payment is not contingent on placement of the child for adoption.
Allowable Payments for Arranging Adoption
Citation: §§ 127.285; 127.290
An attorney may not receive payment for finding children for adoption or finding adoptive parents.
An agency must be licensed to receive payment for arranging, or assisting in arranging, an adoption.
Allowable Payments for Relinquishing Child
Citation: § 127.287
A person may not pay a birth mother to consent to placing her child for adoption.
A birth mother may not accept payment for expenses with the intent not to consent to an adoption.
Accounting of Expenses Required by Court
Citation: § 127.127
The petitioners shall, within 15 days of filing the adoption petition or 5 months after the child begins to live in the home, whichever is later, file an affidavit listing all fees, donations, and expenses
paid by them in connection with the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 127.040
Written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments is required from:
Both parents, if both are living
One parent, if the other is deceased
The guardian of the child appointed by the court
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 127.020
The consent of the child, if age 14 or older, is required.
When Parental Consent is not Needed
Citation: Rev. Stat. §§ 127.090; 127.040
Consent is not required of a parent who has been adjudged insane for 2 years if the court is satisfied by proof that such insanity is incurable.
Consent of a parent to an adoption shall not be necessary where parental rights have been terminated by an order of a court of competent jurisdiction.
When Consent Can Be Executed
Citation: Rev. Stat. § 127.070
All releases for and consents to adoption executed in this State by the mother before the birth of a child or within 72 hours after the birth of a child are invalid.
Release for or consent to adoption may be executed by the father before the birth of the child if the father is not married to the mother.
Revocation of Consent
Citation: Rev. Stat. §§ 127.070; 127.080
A release executed by the father who is not married to the mother becomes invalid if:
The father of the child marries the mother of the child before the child is born.
The mother of the child does not execute a release for or consent to adoption of the child within 6 months after the birth of the child.
No petition for adoption of the child has been filed within 2 years after the birth of the child.
Consent by the mother to a specific adoptive placement cannot be revoked except when the adoptive family is found to be unsuitable or the placement is in violation of the law.
A minor parent may execute a relinquishment for adoption and cannot revoke it upon coming of age.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 128.085; 128.150
The putative father, if known, is served with notice of termination proceedings. The hearing is not held until the child's birth, or 6 months after the filing of the petition, whichever is later.
The putative father must appear at the proceeding and claim custodial rights.
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