CONSENT TO ADOPTION AND WAIVER OF PARENTAL RIGHTS
State of Connecticut
[// GUIDANCE: This template is designed for use in Connecticut adoptions governed by C.G.S. Title 45a (Probate Court) and related family-law statutes. Customize all bracketed text, verify statutory citations, and ensure compliance with current local court rules before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Consent to Adoption
3.2 Timing of Execution
3.3 Counseling Acknowledgment
3.4 Revocation / Rescission
3.5 Court Approval & Filing - Representations & Warranties
- Covenants
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
- Notary / Court Acknowledgment
1. DOCUMENT HEADER
This Consent to Adoption and Waiver of Parental Rights (the “Consent”) is executed as of [EFFECTIVE DATE] (the “Effective Date”) by:
• Birth Parent(s): [FULL LEGAL NAME(S)] (“Birth Parent”)
• Putative / Legal Father (if applicable): [FULL LEGAL NAME] (“Father”)
• Prospective Adoptive Parent(s): [FULL LEGAL NAME(S)] (“Petitioner(s)”)
• Minor Child: [CHILD’S FULL LEGAL NAME], born [DOB] in [CITY/STATE] (“Child”)
Recitals
A. The Birth Parent is the legal parent of the Child.
B. The Petitioner(s) desire to adopt the Child pursuant to the adoption laws of the State of Connecticut.
C. Connecticut law requires the written, informed, and voluntary consent of each legal parent unless such rights have otherwise been lawfully terminated.
D. Birth Parent wishes to permanently relinquish all parental rights to facilitate the Child’s adoption by Petitioner(s), subject to court approval.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Consent, the following terms shall have the meanings set forth below. Terms defined in this Section and used elsewhere in the document appear with initial capital letters.
“Court” means the [NAME OF CONNECTICUT PROBATE COURT OR SUPERIOR COURT, FAMILY DIVISION] having jurisdiction over the adoption matter.
“Counseling” means the statutorily-required adoption counseling session(s) provided to Birth Parent pursuant to applicable Connecticut General Statutes and Probate Court regulations.
“Execution Date” has the meaning assigned in Section 3.2.
“Revocation Period” has the meaning assigned in Section 3.4.
Any term not defined herein shall be construed in accordance with its plain meaning under Connecticut law.
3. OPERATIVE PROVISIONS
3.1 Consent to Adoption
a. Birth Parent hereby irrevocably and unconditionally consents to the adoption of the Child by Petitioner(s) and voluntarily surrenders all parental rights, custody, and responsibilities, subject only to (i) the Revocation Period set forth below, and (ii) entry of a final decree of adoption by the Court.
b. Birth Parent acknowledges that upon entry of the final decree of adoption, all legal relationships between Birth Parent and Child shall be permanently terminated, except as expressly preserved by statute (e.g., inheritance rights through prior wills).
3.2 Timing of Execution
a. Pursuant to Connecticut law, a birth mother may not execute this Consent until at least forty-eight (48) hours after the Child’s birth.
b. Any other legal parent may execute at any time after the Child’s birth, provided that such execution occurs prior to the filing of the adoption petition.
The date and time upon which the last required signature is affixed shall be the “Execution Date.”
3.3 Counseling Acknowledgment
Birth Parent affirms that:
i. He/She has been offered and has either completed or knowingly waived the opportunity to receive Counseling regarding the legal, emotional, and financial consequences of adoption;
ii. Counseling was provided by a qualified counselor approved by the Court; and
iii. Birth Parent has received the statutorily-mandated written disclosures, including information on alternatives to adoption and available social services.
[// GUIDANCE: Attach a completed Counseling Certificate or Waiver as a separate exhibit.]
3.4 Revocation / Rescission
a. Connecticut law provides that a properly executed consent is irrevocable except as expressly permitted by statute (e.g., proof of fraud, duress, or coercion).
b. Notwithstanding subsection (a), and solely to the extent the law in effect on the Execution Date affords a statutory rescission window, Birth Parent may revoke this Consent by delivering a written, notarized notice of revocation to the Court and to Petitioner(s) within [NUMBER] days after the Execution Date (the “Revocation Period”).
c. After the Revocation Period (or immediately if no statutory revocation is available), this Consent shall become final and binding, and Birth Parent shall have no further right to contest the adoption absent a judicial finding of fraud or duress.
[// GUIDANCE: Confirm whether Connecticut currently provides any fixed-day revocation period. As of this drafting, Connecticut consents are generally irrevocable once executed and approved, barring fraud or duress.]
3.5 Court Approval & Filing
a. This Consent shall be submitted to the Court with the adoption petition.
b. The effectiveness of this Consent is expressly conditioned upon written approval by the Court.
c. Birth Parent agrees to execute any additional documents the Court may reasonably require to effectuate the adoption.
4. REPRESENTATIONS & WARRANTIES
Birth Parent represents, warrants, and covenants that:
1. Capacity: Birth Parent is at least eighteen (18) years of age or otherwise has legal capacity to execute this Consent, is competent, and is not under the influence of any substance impairing judgment.
2. Voluntariness: This Consent is executed freely and voluntarily, without undue influence, fraud, coercion, or duress.
3. Complete Disclosure: Birth Parent has fully disclosed to Petitioner(s) and the Court any and all known paternity claims, custody orders, or prior adoption proceedings concerning the Child.
4. Consideration: No consideration other than allowable pregnancy-related expenses and statutory benefits has been requested, offered, or received in exchange for this Consent.
5. Accuracy: All information provided herein is true, correct, and complete to the best of Birth Parent’s knowledge.
The above representations and warranties shall survive execution of this Consent and entry of the adoption decree to the extent permitted by law.
5. COVENANTS
5.1 Cooperation. Birth Parent shall cooperate with Petitioner(s) and the Court in all reasonable respects to facilitate the timely completion of the adoption.
5.2 No Contact (Optional). [If applicable] Birth Parent agrees that any future contact with the Child shall be governed exclusively by an enforceable post-adoption contact agreement approved by the Court.
5.3 Confidentiality. Birth Parent shall maintain the confidentiality of the Child’s adoptive identity and the proceedings, as required by Connecticut law.
6. DEFAULT & REMEDIES
6.1 Events of Default. A breach of any representation, warranty, or covenant herein by Birth Parent, or an attempt to revoke this Consent outside any permitted Revocation Period, shall constitute a default.
6.2 Remedies. Upon a default, Petitioner(s) may seek:
a. Specific performance compelling compliance;
b. Declaratory relief affirming the validity of this Consent; and/or
c. Any other relief available at law or in equity.
6.3 Attorney’s Fees. In any proceeding arising out of or relating to this Consent, the prevailing party may recover reasonable attorney’s fees and costs unless prohibited by Connecticut law.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Consent shall be governed by, and construed in accordance with, the adoption and family-law statutes of the State of Connecticut, without regard to conflicts-of-law principles.
7.2 Exclusive Forum. The parties consent to the exclusive jurisdiction of the Connecticut Probate Court (or, if applicable, the Superior Court, Family Division) for all disputes arising under or relating to this Consent.
7.3 Arbitration. Arbitration is not available for adoption proceedings under Connecticut law.
7.4 Jury Trial Waiver. Jury trials are not available in Connecticut Probate Court adoption proceedings; to the extent a jury trial could otherwise be demanded, each party hereby knowingly and voluntarily waives such right.
7.5 Injunctive Relief. Nothing in this Section shall limit the Court’s authority to enter orders necessary to protect the best interests of the Child, including injunctive relief ensuring permanent placement.
8. GENERAL PROVISIONS
8.1 Amendments. This Consent may be amended only by a written instrument executed by all necessary parties and approved by the Court.
8.2 Assignment. Neither this Consent nor any rights hereunder may be assigned by any party.
8.3 Severability. If any provision of this Consent is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court is authorized to reform the document to effectuate the parties’ intent.
8.4 Entire Agreement. This Consent constitutes the entire agreement of the parties with respect to the subject matter and supersedes all prior understandings, whether oral or written.
8.5 Counterparts; Electronic Signatures. This Consent may be executed in any number of counterparts (including electronic or facsimile signatures), each of which shall be deemed an original and all of which together shall constitute one instrument.
8.6 Notice. Any notice required hereunder shall be in writing and delivered personally, by certified mail (return receipt requested), or by statutory-compliant electronic means to the addresses set forth below or as later designated.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Consent on the dates indicated below.
Birth Parent
[NAME], Birth Parent
Date: _________
Address: [ADDRESS]
Putative / Legal Father (if applicable)
[NAME], Father
Date: _________
Address: [ADDRESS]
Prospective Adoptive Parent(s)
______ & _____
[NAME], Petitioner [NAME], Petitioner
Date: ______ Date: _________
Address: [ADDRESS]
10. NOTARY / COURT ACKNOWLEDGMENT
State of Connecticut )
) ss. [CITY]
County of [COUNTY] )
On this _ day of _, 20__, before me, the undersigned authority, personally appeared ________, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
Notary Public / Judge of Probate
My Commission Expires: ____
[SEAL]
[// GUIDANCE: File the executed original with the appropriate Probate Court together with (1) the adoption petition, (2) social and medical history reports, (3) the Counseling Certificate, and (4) any post-adoption contact agreement. Confirm local procedural rules for additional filing or service requirements.]