Time and contents of consent

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8-107. Time and contents of consent

A. All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more credible witnesses who are at least eighteen years of age and who subscribe their names in the presence of the person giving the consent or shall be acknowledged by the person giving consent before a notary public.

B. A consent given before seventy-two hours after the birth of the child is invalid.

C. The consent shall be dated, shall sufficiently identify and give the addresses of the party giving the consent and the name and address of the witness or witnesses and shall sufficiently identify the child to whose adoption the consent is given.

D. The consent shall designate either of the following:

1. An agency or the division as authorized by the party giving the consent to place the child for adoption.

2. The particular person or persons authorized to adopt the child by the person giving the consent.

E. The true names of the adopting person or persons shall be used, except that fictitious names may be used if the consent also truthfully states that the adopting person or persons are currently certified as acceptable to adopt the child, that the consenting party knows that the names used are fictitious and does not wish to know the true names and that the consenting party has been furnished with all information which the consenting party wishes to know about the adopting person or persons.

F. The consent shall contain a statement which includes the following:

1. The consequences of the consent pursuant to section 8-117.

2. The irrevocability of the consent pursuant to section 8-106.

3. The prohibition of any direct or indirect compensation for the consent except as provided in section 8-114.

G. A consent other than to any agency or the division which does not designate a particular person or persons, or which purports to permit a third person to locate or nominate an adoptive parent, is invalid.


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