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(A) When Not Required. Written consent to an adoption is not required if:

(1) The parent has abandoned the child;

(2) The parent’s rights have been terminated or modified;

(3) The parent has relinquished parental rights; or

(4) The parent has been declared incompetent.

(B) When Required. When written consent to an adoption is not waived per subsection (A) of this section, written consent to an adoption is required of:

(1) The biological or adoptive mother;

(2) The biological, adoptive, or acknowledged father;

(3) The custodian, if empowered to consent;

(4) The Court, if the custodian is not empowered to consent; and

(5) The child, if over twelve (12) years of age. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (22)(B), 4/30/2009. Formerly 10.10.760.]