Parental Involvement In Minor's Decision To Place for Adoption
Having some basic information about the legal requirements for a parent to be involved in decisions regarding adoption planning is an important aspect of supporting a teen who is experiencing an unplanned, unintended pregnancy. The information below can be used for reference and was current as of December 1, 2020. Keep in mind that state laws may change over time.
▶ 40 states and the District of Columbia allow minors to place their child for adoption, either explicitly or by making no distinction between minor and adult parents.
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- 28 states and the District of Columbia explicitly allow minors to consent to their child’s adoption.
- 12 states make no distinction between minor and adult parents.
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▶ 10 states require the involvement of an adult in the adoption process.
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- 5 states require minors to be represented by legal counsel or require courts to appoint counsel in adoption hearings.
- 4 states require minors’ parents to consent, and 1 state requires that the parents be notified, when a child is placed for adoption.
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Minors' Rights as Parents |
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STATE |
PLACING CHILD FOR ADOPTION |
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Minors May Consent |
3rd Party Involvement |
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Alabama |
X |
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Alaska |
X* |
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Arizona |
X |
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Arkansas |
X* |
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California |
X |
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Colorado |
X |
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Connecticut |
|
Court-appointed counsel |
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Delaware |
X |
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Dist. of Columbia |
X |
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Florida |
X* |
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Georgia |
X |
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Hawaii |
X |
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Idaho |
X |
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Illinois |
X |
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Indiana |
X |
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Iowa |
X* |
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Kansas |
X |
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Kentucky |
|
Court-appointed counsel |
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Louisiana |
|
Parental consent† |
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Maine |
X* |
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Maryland |
X |
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Massachusetts |
X* |
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Michigan |
|
Parental consent |
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Minnesota |
|
Parental consent |
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Mississippi |
X |
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Missouri |
|
Court-appointed counsel |
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Montana |
|
Legal counsel |
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Nebraska |
X* |
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Nevada |
X |
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New Hampshire |
X‡ |
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New Jersey |
X |
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New Mexico |
X |
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New York |
X |
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North Carolina |
X* |
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North Dakota |
X |
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Ohio |
X |
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Oklahoma |
XΩ |
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Oregon |
X* |
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Pennsylvania |
|
Parental notification |
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Rhode Island |
|
Parental consent |
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South Carolina |
X |
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South Dakota |
X* |
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Tennessee |
X |
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Texas |
X* |
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Utah |
X |
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Vermont |
X |
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Virginia |
X |
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Washington |
|
Court-appointed counsel |
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West Virginia |
X |
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Wisconsin |
X* |
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Wyoming |
X |
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TOTAL |
40 + DC |
10 |
* State makes no distinction between minor and adult parents.
† Court may waive parental consent if the minor is "sufficiently mature and well informed" or the adoption is in the infant's best interest.
‡ Court may require parental consent for a minor to place a child for adoption.
Ω Minor must be at least 16 years old.
Source: https://www.guttmacher.org/state-policy/explore/minors-rights-parents