42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization. (1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:
     (a) the child has been born;
     (b) not less than 72 hours have elapsed since the birth of the child;
     (c) the parent has received counseling in accordance with 42-2-409; and
     (d) in a direct parental placement adoption:
     (i) the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101, subject to the limitations set in 42-7-102;
     (ii) if the parent is a minor, the parent has been represented by separate legal counsel; and
     (iii) prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.
     (2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.
     (3) The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.
     (4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.
     (5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.
     (6) If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.

     History: En. Sec. 47, Ch. 480, L. 1997.