§ 15-7-5 - Consent required.
SECTION 15-7-5
§ 15-7-5 Consent required. – (a) The parents of the child, or their survivor, shall, except as provided inthis section, consent in writing to the adoption, or the petition shall bedismissed. If neither parent is living, the guardian of the person of thechild, or, if there is no guardian, the next of kin, may give consent; or ifthere is no next of kin, the court may appoint some suitable person to act inthe proceedings as next friend of the child, and to give or withhold theconsent; provided, that if the child is of the age of fourteen (14) years orover, the adoption shall not be made without the child's consent. In case thechild to be adopted is eighteen (18) years or older, the consent of, or noticeto, the child's parents or other person in the child's behalf shall not berequired.
(b) Notwithstanding the provisions of subsection (a) of thissection, when the petitioners are one of the natural parents of the child andhis or her spouse or one of the grandparents of the child and the child isresiding, at the time the petition is filed, with the petitioners, if thenoncustodial parent refused to consent to the adoption, the court shalldetermine whether the noncustodial parent's rights shall be terminatedinvoluntarily. In making the determination, the court shall apply the groundsfor termination of parental rights set forth in § 15-7-7; provided, thatthe petitioners need not demonstrate, and the court shall not require, effortsto encourage and strengthen the child's relationship with the noncustodialparent prior to terminating his or her parental rights.
(2) Notwithstanding the provisions of subdivision (1) of thissubsection, when the petitioners are one of the natural parents of the childand his or her spouse or one of the grandparents of the child and the child isresiding, at the time the petition is filed, with the petitioners, and if thenoncustodial parent refuses to consent to the adoption, then the court maygrant the petition without a noncustodial parent's consent if the petitionersprove by clear and convincing evidence any of the grounds set forth in §15-7-7(a)(1), (2), or (4). The standard of proof in these cases shall be byclear and convincing evidence and the court shall give primary consideration tothe physical, psychological, mental, and intellectual needs of the childinsofar as that consideration is not inconsistent with other provisions of thischapter.