1. An adoption petition shall not be granted unless the following persons consent to the adoption or unless the court makes a determination under subsection 4:
a. Any guardian of the person to be adopted.
b. The spouse of a petitioner who is a stepparent.
c. The spouse of a petitioner who is separately petitioning to adopt an adult person.
d. The person to be adopted if that person is fourteen years of age or older.
2. A consent to the adoption shall be in writing, shall name the person to be adopted and the petitioner, shall be signed by the person consenting, and shall be made in the following manner:
a. If by any minor person to be adopted who is fourteen years of age or older, in the presence of the court in which the adoption petition is filed.
b. If by any other person, either in the presence of the court in which the adoption petition is filed or before a notary public.
3. A consent to the adoption may be withdrawn prior to the issuance of an adoption decree under section 600.13 by the filing of an affidavit of consent withdrawal with the court. Such affidavit shall be treated in the same manner as an attached verified statement is treated under subsection 4.
4. If any person required to consent under this section refuses to or cannot be located to give consent, the petitioner may attach to the petition a verified statement of such refusal or lack of location. The court shall then determine, at the adoption hearing prescribed in section 600.12, whether, in the best interests of the person to be adopted and the petitioner, any particular consent shall be unnecessary to the granting of an adoption petition.
[R60, § 2600, 2601; C73, § 2307, 2308; C97, § 3250, 3251; C24, § 10496, 10497; C27, 31, 35, § 10501-b1, 10501-b3; C39, § 10501.1, 10501.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 600.1, 600.3; C77, 79, 81, § 600.7]
Referred to in § 600.6, 600.11
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