Chapter 127 of the Nevada Revised Statutes governs actions involving adoptions of minor children and adults. Nevada law allows for the adoption of both children and adults.
Adoption Of Children
Nevada is an “Agency State,” which means it is unlawful for any person or entity other than a licensed child-placing agency to facilitate an adoption or receive any compensation in assisting with an adoption. Nevada law allows a parent, guardian, or agency from placing or arranging the placement of any child for adoption.
Consent to adoption in Nevada must be given by: 1) Both parents, if living; 2) The living parent of the child if the other parent has died; or 3) The child’s legal court-appointed guardian. The Birth Mother can consent to the adoption 72 hours after the child’s birth. A Birth Father who is not married to the Birth Mother may consent to the adoption before the child is born. Once the Birth Mother and/or Birth Father relinquish his/her parental rights and consent to the adoption, consent is irrevocable, permanent, and cannot be set aside, changed, or modified. Nevada permits birth parents and prospective adoptive parents to enter into agreements for post-adoptive contact. Consent to adoption are not required of a parent whose parental rights have been terminated or who has been declared insane for 2 years by court and there is proof that the insanity is incurable.
Any adult person or any two (2) persons married to each other may petition to adopt a child. A petition for adoption of a child may be filed at any time after the child has lived in the home of the person(s) wishing to adopt the child for 30 days. Depending on the Judge, an “Agency” Adoption may not be finalized until the child has been in the prospective adoptive parents care for 6 months. The person adopting the child must be at least ten (10) years older than the child adopted, and the consent of the child, if the child is over the age of 14 years, is necessary to its adoption. If the child sought to be adopted is Native American, then the Indian Child Welfare Act governs.
Adoption Of Adults
Any adult person may adopt any other adult person younger than himself/herself, except the spouse of the adopting person. The adoption agreement must be in writing and must be signed by the person adopting and the person being adopted. The adoption agreement must state that the person adopting and the person being adopted agree to assume toward each other the legal relation of parent and child and to have all of the rights, duties and responsibilities of that relationship. A married person not lawfully separated from his or her spouse may not adopt an adult person without the consents of the spouse of the adopting person. A married person not lawfully separated from his or her spouse may not be adopted without the consent of the spouse of the person to be adopted. The person to be adopted does not need the consent of the natural parents or of any other person to be adopted.
If you would like to inquire about the process involved in the adoption of children and/or adults, please contact The Cooley Law Firm at (702) 840-0992 today.
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