Nevada law allows for the adoption of both children and adults. Any adult person, or any two persons married to each other, who are at least ten years older than the person sought to be adopted, may petition to adopt a child. There are special statutes applicable to American Indian children.
The child's consent is necessary if the child is over the age of 14. Written consent must be given by the biological/legal parents, unless they are dead, adjudged insane, or their rights have been terminated. Termination of Parental Rights A written consent to a specific adoption by a birth mother must not be made until at least 72 hours after the birth of the child sought to be adopted. There are specific statutory requirements for a valid consent to adoption, but once validly made, it is irrevocable.
The statutes provide for a home study to be completed by the Division of Child and Family Services, or a licensed adoption agency, but it can be waived if a petitioner or the spouse of the petitioner is related to the child within the third degree of consanguinity.
It is also possible for a parent to relinquish custody of a child to the Division of Child & Family Services, which is like a consent to adoption, but without reference to a specific person or persons to whom consent to adopt is given.
An adoption of a child cuts off all family ties to the natural parents' other relatives (grandparents, etc.) unless those third parties had specific court-ordered rights established before the adoption was ordered. Any purported agreement between the natural parents and the adoptive parents are unenforceable unless set out in the decree of adoption.
For adult adoptions, the statutes require that any adult person may adopt any other adult person younger than himself, except the spouse of the adopting person, by an agreement of adoption approved by a Decree of Adoption. No consent from a parent, third party, or agency is required for an adult adoption, but a consent is required from any spouse of both the adopting party and the adopted party, if either is married.
WILLICK LAW GROUP has completed a number of adoption actions, involving both contested and uncontested cases.
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