§ 48-5-102. Consent to adoption.
§ 48‑5‑102. Consent to adoption.
(a) Consent to theadoption of an adult is required only of:
(1) The adult beingadopted; and
(2) The spouse of thepetitioner in an adoption by the adult's stepparent, unless the court waivesthis requirement for cause.
(b) The consent of theadult being adopted must:
(1) Be in writing and besigned and acknowledged before an individual authorized to administer oaths ortake acknowledgments;
(2) State that the adultagrees to assume toward the adoptive parent the legal relation of parent andchild and to have all of the rights and be subject to all of the duties of thatrelationship; and
(3) State that the adultunderstands the consequences the adoption may have for rights of inheritance,property, or support, including the loss of nonvested inheritance rights whichexisted prior to the adoption and the acquisition of new inheritance rights.
(c) The consent of thespouse of the petitioner in a stepparent adoption:
(1) Must be in writingand be signed and acknowledged before an individual authorized to administeroaths or take acknowledgments; and
(2) Must state that thespouse:
a. Consents to theproposed adoption;
b. Understands that theadoption may diminish the amount the spouse might take from the petitionerthrough intestate succession or by dissenting to the petitioner's will and mayalso diminish the amount of other entitlements that may become due the spouseand any other children of the petitioner through the petitioner; and
c. Believes theadoption will be in the best interest of the adult being adopted and theprospective adoptive parent.
(d) Anyone who gives aconsent under this Article may revoke the consent at any time before the entryof the decree of adoption by delivering a written notice of revocation to the individualto whom the consent was given. If a petition to adopt has been filed, thenotice of revocation shall also be filed with the clerk of court in the countywhere the petition is pending. (1967, c. 880, s. 3; 1969, c.21, ss. 3‑6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981,c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s.2.)