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The AD0203 form plays a crucial role in the adoption process involving stepparents in Minnesota. This form specifically pertains to the consent of a biological parent to allow their child to be adopted by the child's stepparent. The document captures pertinent details such as the names, dates of birth, and genders of the children involved, as well as the names of the petitioners. A legally binding statement, the form emphasizes the parent's voluntary consent, indicating that this decision is made with the child's best interests in mind. Furthermore, it includes important information regarding the right to withdraw consent within ten working days, providing the biological parent with an opportunity to change their mind post-signing. The form requires signatures from the parent and two competent witnesses, ensuring the process remains transparent and legally secure. Notably, signing this form does not terminate parental rights; those rights can only be officially revoked through an adoption decree or a court order. Such provisions offer a protective mechanism for biological parents, while also facilitating the transition to a new family dynamic for the child.

Ad0203 Example

State of Minnesota

County

In Re the Petition of:

 

District Court

Judicial District:

 

Court File Number:

 

Case Type:

Adoption – Stepparent

, Petitioner/Parent

and

, Petitioner/Stepparent

To Adopt:

,

(child’s current name)

,

(child’s current name)

,

(child’s current name)

 

STATE OF MINNESOTA

)

 

 

) SS

COUNTY OF

 

)

Consent of Parent to

Adoption by Stepparent and Waiver of Notice of Adoption Hearing

I,

 

 

[parent’s name], being first duly sworn

upon oath, depose and state as follows:

 

 

 

 

 

 

 

1. I was born on

 

[date of birth], am currently

 

 

years of age,

 

and reside at

 

 

 

 

 

 

 

[street

 

address], in the City of

 

 

 

, County of

 

 

 

 

, State of

 

.

 

 

 

 

 

 

2. I am the parent of the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[child’s name], a male

female [check

 

one] child who was born on

 

 

[date of birth] in the City of

 

_____________, State of

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[child’s name], a male

female [check

 

one] child who was born on

 

 

[date of birth] in the City of

 

_____________, State of

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[child’s name], a male

female [check

 

one] child who was born on

 

 

[date of birth] in the City of

 

_____________, State of

 

.

 

 

 

 

 

 

AD0203 State

ENG

Rev 7/15

www.mncourts.gov/forms

Page 1 of 3

 

 

 

 

[child’s name], a male female [check

one] child who was born on

 

 

[date of birth] in the City of

_____________, State of

 

 

.

 

3.Of my own free will, and with a view to the future welfare of my child(ren), and in the presence of two competent witnesses, I hereby consent to the adoption of my above-named

child(ren) by

 

[stepparent’s name].

4.I hereby waive notice of any and all hearings now or hereafter related to the adoption of said child(ren).

5.I understand that I may, for any reason, withdraw this consent to adoption within the next ten (10) working days from the date this consent is signed by me.

6.I further understand that if I decide to withdraw my consent to this adoption, my withdrawal

of my consent must be in writing and must be received by the Court at the following address no later than the tenth (10th) working day following the date upon which this consent is

signed and acknowledged:

 

 

 

[name of county] County

District Court located at

 

 

 

 

[street address], in the City of

 

, and State of Minnesota, Zip Code

 

[zip code].

 

 

 

7.I understand that my consent will become irrevocable on the day following the tenth (10th) working day from the date this consent is signed and acknowledged, unless a Court later rules in writing that consent was obtained by fraud.

PARENTAL RIGHTS NOTICE

THE AGENCY RESPONSIBLE FOR SUPERVISING THE ADOPIVE PLACEMENT OF YOUR CHILD [OR THE PETITIONER IN THE CASE OF AN ADOPTION NOT SUPERVISED BY AN AGENCY] WILL SUBMIT YOUR CONSENT TO ADOPTION TO THE COURT. THE CONSENT ITSELF DOES NOT TERMINATE YOUR PARENTAL RIGHTS. PARENTAL RIGHTS TO A CHILD MAY BE TERMINATED ONLY BY AN ADOPTION DECREE OR BY A COURT ORDER TERMINATING PARENTAL RIGHTS. UNLESS THE CHILD IS ADOPTED OR YOUR PARENTAL RIGHTS ARE TERMINATED, YOU MAY BE ASKED TO SUPPORT THE CHILD.

AD0203 State

ENG

Rev 7/15

www.mncourts.gov/forms

Page 2 of 3

The non-petitioning parent MUST sign the consent form in the presence of two competent witnesses and in front of a notary public or court administrator.

Parent’s Signature

Dated:

[Signature of parent – sign only in front of notary public and two witnesses]

Witnesses’ Signatures

Dated:

[Witness – sign only in front of notary public]

Dated:

[Witness – sign only in front of notary public]

On this day of,,

before me personally appeared the person described herein who executed the foregoing consent to adoption and waiver

and acknowledged that such consent and waiver was freely given, and the persons who were present when such consent was executed.

Notary Public

AD0203 State

ENG

Rev 7/15

www.mncourts.gov/forms

Page 3 of 3

Form Characteristics

Fact Name Details
Form Title Consent of Parent to Adoption by Stepparent and Waiver of Notice of Adoption Hearing
Governing Law Minnesota Statutes Chapter 259, which governs adoption practices in Minnesota.
Form Purpose This form allows a non-petitioning parent to consent to the adoption of their child by a stepparent.
Witness Requirement The consent must be signed in the presence of two competent witnesses.
Notary Requirement The signature must be notarized by a notary public or court administrator.
Withdrawal of Consent The parent can withdraw consent within ten working days of signing the form.
Irrevocability Consent becomes irrevocable the day after ten working days unless a court finds fraud.
Parental Rights Signing this consent does not terminate parental rights; that requires a court order or adoption decree.
Location All signatures must be gathered at the designated address of the county court.
Important Note The consent must clearly identify the child or children being adopted.

Guidelines on Utilizing Ad0203

When preparing to file the AD0203 form, it’s essential to gather the necessary information related to the child and the parties involved in the adoption process. The following steps will guide you through completing the form accurately to ensure it meets the court’s requirements.

  1. Begin by entering the State of Minnesota and the County where the adoption petition is being filed at the top of the form.
  2. In the section labeled In Re the Petition of:, list the names of the Petitioner/Parent and Petitioner/Stepparent who are involved in the adoption.
  3. Insert the child’s current name in the appropriate section titled To Adopt:.
  4. Fill out the Judicial District, Court File Number, and Case Type (Adoption – Stepparent).
  5. For the consent section, complete the following details:
    • Write the parent’s name.
    • Input the date of birth of the parent.
    • Include the age of the parent and their complete street address, city, county, and state.
  6. Enumerate the children involved by providing their names, gender (check either male or female), their date of birth, and the city and state where each child was born.
  7. Indicate that the parent consents to the adoption of each child by the stepparent.
  8. Waive notice of all hearings related to this adoption.
  9. Clearly state the parent’s understanding regarding the withdrawal of consent within 10 working days, and provide the necessary court address for withdrawal.
  10. Note that consent becomes irrevocable after the 10-day period unless a court finds fraud.
  11. For the signature section, the parent will sign in front of two witnesses and a notary public. Include the date of signing beside the parent’s signature.
  12. Finally, the two witnesses will sign, also in front of the notary public, along with the date of their signatures.

Once the form is completed and signed as required, it will be submitted to the appropriate court for processing. Ensure to keep copies of all documents for your records before submitting them.

What You Should Know About This Form

What is the AD0203 form used for?

The AD0203 form is a consent form that a parent must complete when consenting to the adoption of their child by a stepparent. This form is used in the state of Minnesota and helps formalize the legal process of adoption by securing the necessary consent from the biological parent.

Who needs to sign the AD0203 form?

The non-petitioning biological parent must sign the AD0203 form. This individual must do so in the presence of two competent witnesses and before a notary public or court administrator to ensure the validity of the consent.

Is there a time limit on withdrawing consent after signing the AD0203 form?

Yes, there is a ten (10) working day period during which the parent can withdraw their consent. This must be done in writing and received by the court before the end of that timeframe.

What happens after signing the AD0203 form?

Once signed, the consent is submitted to the court overseeing the adoption. The consent itself does not terminate parental rights; those rights can only be terminated by an adoption decree or a specific court order.

Will consent to the adoption become permanent?

The consent becomes irrevocable on the day following the tenth working day after it is signed, unless there is evidence of fraud, in which case a court may rule otherwise.

Do I need to be present during the signing of the AD0203 form?

Yes, the signing must occur in front of two witnesses as well as a notary public or court administrator. This ensures that the consent is valid and legally binding.

What information is required on the AD0203 form?

The form requires details such as the parent’s name, the names and genders of the children being adopted, their dates of birth, and the address of the parent giving consent. It also requires the names of the witnesses and their signatures.

Can I be required to support my child after signing the AD0203 form?

Yes, unless the child is adopted or your parental rights have been legally terminated, you may still be required to provide financial support for the child.

Common mistakes

Completing the AD0203 form can be a complex task for many. One common mistake is failing to include the full names of both the petitioner and child. The form specifically requires the current names of children being adopted. Omitting this detail can lead to delays in processing.

Another frequent error involves the age of the parent. When filling out the form, it is essential to accurately state the age of the parent. This information must match the date of birth provided; discrepancies could raise questions regarding the validity of the consent.

Additionally, there is often confusion about the number of witnesses required. The form stipulates that the parent’s consent must be signed in the presence of two competent witnesses. Neglecting this requirement makes the consent invalid, causing unnecessary complications later in the adoption process.

A crucial mistake occurs when the consent to adoption is not emphasized correctly. The phrase "I hereby consent" must be clear and unambiguous. Any vagueness in language can lead to misinterpretation of the parent's intent.

Many people also forget to include their address. This information is vital as it establishes the parent’s residency, which is often a factor in custody and adoption decisions. Omitting this detail can create administrative hurdles.

Another issue arises when parents do not provide their signatures in the appropriate locations designated by the notary public. Both the consent and waiver sections must be signed in front of the notary. Failing to do this can render the document ineffective.

Time constraints can lead to rushed decisions. Parents must be aware that they have ten working days to withdraw their consent if needed. Ignoring this timeframe can result in irreversible decisions regarding parental rights.

Finally, not understanding the implications of the parental rights notice can be detrimental. The parent must comprehend that providing consent does not immediately terminate parental rights. Misunderstanding this can lead to confusion about ongoing responsibilities toward the child.

Documents used along the form

The AD0203 form serves as a crucial document in the stepparent adoption process in Minnesota. However, other forms and documents typically accompany the AD0203 to ensure the legal requirements are met and the process runs smoothly. Below is a list of these forms along with a brief description of each.

  • Petition for Adoption: This document formally initiates the adoption process. It outlines the petitioner's desire to adopt the child and includes essential details about the child and the parents.
  • Notice of Hearing: This document informs all relevant parties about the adoption hearing. It provides the date, time, and location for attending the hearing.
  • Parental Consent Form: This form must be signed by the biological parent(s) giving their consent for the adoption. It confirms that they understand the implications of the adoption.
  • Criminal Background Check: This document verifies the criminal history of the adopting stepparent. It may be required by the court as part of the home study process.
  • Home Study Report: A social worker evaluates the prospective adopting family through this report. It assesses the family's readiness for adoption and includes interviews, home visits, and background checks.
  • Final Adoption Decree: This is the court's official ruling that legally finalizes the adoption. It includes the child’s new name and terminates parental rights of the biological parents, if applicable.
  • Affidavit of Residence: This document affirms where the child resides at the time of the adoption. It is often required to establish jurisdiction for the case.
  • Certificate of Adoption: After the adoption is finalized, this document serves as proof of the new parent-child relationship. It is an important record for both legal and personal purposes.
  • Withdrawal of Consent Form: Should a biological parent choose to retract their consent, this form must be completed. It ensures that the withdrawal adheres to the established legal timeline.
  • Post-Adoption Contact Agreement: This optional agreement outlines the terms of contact between the biological parents and the adoptive family after the adoption is completed.

Gathering these documents facilitates a smoother adoption process, helping all parties understand their rights and responsibilities. Ensuring all forms are completed correctly and submitted on time can significantly impact the outcome of the adoption case.

Similar forms

  • Form AD0202: Similar to the AD0203 form, this document is also used in adoption proceedings and requires consent from the biological parent for an adoption to occur.
  • Form AD0201: This form outlines the petition for adoption and collects detailed information about the adoptive parents and the child to be adopted, similar to the AD0203 structure.
  • Form AD0210: This document is for consenting to an adoption by a relative, which shares a similar purpose of formalizing parental consent regarding an adoption.
  • Form AD0215: This form serves to terminate parental rights while allowing the option to consent to a stepparent adoption, just as the AD0203 includes provisions for withdrawal of consent.
  • Affidavit of Consent: This document requires a parent’s acknowledgment and consent for adoption, reflecting the same intent of the AD0203.
  • Consent to Temporary Custody: This form allows a parent to consent to temporary legal custody arrangements, paralleling the consent theme present in the AD0203.
  • Form CS01: This is a child support agreement that sometimes accompanies adoption forms, ensuring financial responsibilities are addressed alongside the consent process.
  • Step-Parent Adoption Petition: This document initiates the legal process for stepparent adoption, very much in line with the details outlined in the AD0203.
  • Termination of Parental Rights Petition: This form requests the court to terminate parental rights, which is a necessary step for approval of stepparent adoption as specified in the AD0203.
  • Consent to Adoption by Relations: This document collects consent from relatives concerning an adoption, maintaining the same framework of formal agreement found in the AD0203.

Dos and Don'ts

When filling out the AD0203 form, there are several important practices to keep in mind. Below is a list of do's and don'ts to ensure that the process goes smoothly.

  • Do ensure that all personal information is accurate and complete, including names, dates of birth, and addresses.
  • Do have two competent witnesses present when signing the consent form.
  • Do read each section carefully before signing to ensure full understanding of the implications.
  • Do keep a copy of the completed form for your own records.
  • Do submit the withdrawal of consent in writing within ten working days if you choose to revoke your consent.
  • Don't leave any fields blank on the form; provide details wherever necessary.
  • Don't sign the document unless all parties are present, including the notary and witnesses.
  • Don't underestimate the importance of the consent; take the time to understand its permanence.
  • Don't forget that parental rights can only be terminated through an adoption decree or court order, not merely by signing this form.

By adhering to these guidelines, you can navigate the AD0203 form process with confidence and clarity.

Misconceptions

Understanding the AD0203 form is critical for those involved in adoption processes. However, several misconceptions can lead to confusion. Here’s a list of common misunderstandings:

  • Consent permanently terminates parental rights immediately. Many believe that signing the AD0203 form automatically ends their parental rights. In reality, rights are not terminated until an adoption decree is issued by the court.
  • You cannot change your mind after signing. Some think that once they've signed the form, there's no turning back. However, you can withdraw your consent within ten working days.
  • The form has to be filed at the same time as the adoption petition. It's a common belief that the consent must be submitted together with the petition for adoption. Instead, it can be submitted later but must still comply with the timeline for withdrawal.
  • Witnesses only need to be present for the signature. People often think that witnesses are only there to observe the signature. In fact, they also confirm that the consent was given willingly and in a competent manner.
  • Only stepparents can adopt through this form. While the AD0203 is specifically designed for stepparent adoptions, others can use similar forms depending on their relationship with the child.
  • You must have an attorney to use the form. Some believe that having legal representation is mandatory to fill out the AD0203. While it’s advisable to seek legal counsel, you can complete and submit the form without one.

Clearing up these misconceptions can help ensure a smoother adoption process. The goal is to promote understanding and transparency throughout this important journey.

Key takeaways

Here are some key takeaways for filling out and using the AD0203 form:

  • The form needs to be completed by a parent who consents to the adoption by a stepparent. This requires careful attention to detail.
  • Make sure to provide accurate personal information such as names, birth dates, and addresses. Inaccurate information can lead to delays.
  • You have the right to withdraw your consent within ten working days after signing the form. Keep in mind that this request must be submitted in writing.
  • It's crucial to sign the form in front of two competent witnesses and a notary public. This ensures the document is legally valid.