32A-5-18. Implied consent or relinquishment.
216 words·~1 min read·
/nm/chapter-32a-children-s-code/article-5-adoptions/32a-5-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall be implied by the court if the parent, without justifiable cause, has:
(1)left the adoptee without provision for the child's identification for a period of fourteen days; or
(2)left the adoptee with others, including the other parent or an agency, without provisions for support and without communication for a period of:
(a)three months if the adoptee was under the age of six years at the commencement of the three-month period; or
(b)six months if the adoptee was over the age of six years at the commencement of the six-month period.
B. A court shall not imply consent or relinquishment under this section unless the parent whose relinquishment or consent is to be implied has been served with notice setting forth the time and place of the hearing at which the consent or relinquishment may be implied. The implication of a consent or relinquishment under this section shall have the same effect as though the consent or relinquishment had been given voluntarily.
C. The court shall render its decision on the implied consent prior to proceeding with the adjudicatory hearing.
History: 1978 Comp., § 32A-5-18, enacted by Laws 1993, ch. 77, § 145.