An adoption is a celebration filled with family and friends, however, in order to achieve the celebration, Nevada adoption requires several procedures which must be strictly followed.
Except where the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the District Court of Nevada has original jurisdiction in adoption proceedings.
Requirements of Adopting Party:
- The adopting adult must be at least ten (10) years older than the party being adopted.
- Should the adopting Party by over the age of fourteen (14), consent from the party being adopted is required.
- The Petitioner must have resided in the State of Nevada for six (6) months prior to the adoption for Nevada to retain Jurisdiction. The Adopting Party must submit a Petition for Adoption to the Court for approval.
- Unless the Party being adopted is within the third Degree of consanguinity, an agency which provides child welfare services shall make an investigation and report with regards to the following:
- Verify the allegations of the petition;
- Investigate the condition of the child, including without limitations whether the child is an Indian child; and
- Make proper inquiry to determine whether the proposed adopting parent is suitable for the child.
- Please note, the child must reside in your home for six (6) months prior to the investigation.
- This investigation is waived in certain circumstances.
- The Adopting Party must provide the Court with an affidavit of fees and costs.
- Again, the affidavit is waived in certain circumstances.
Nevada Adoption, Who May Petition:
- Any adult person may petition the Court for leave to adopt.
- Should the Petitioners be married, the adopting party must consent and join in the action. NRS 127.030
Consent or Termination of Biological Parent:
- Written consent from the biological parent(s) or an authorized agent of the biological parent(s) should both parents be living or from one parent should the other be deceased or from a guardian appointed by the Court of a competent jurisdiction.
- Consent from the biological mother must be obtained not less than 72 hours after the birth of the child.
- Consent is not required from a parent who has been adjudged insane for two(2) years, if the Court is “satisfied by proof that such insanity is incurable.”
- Consent of a parent to an adoption is not necessary where the parental rights have been terminated by an order of a Court of a competent jurisdiction.
Any person may adopt any other adult person younger than himself, except the spouse of the adopting person, by an agreement of the adoption.
Nevada shall assume jurisdiction over the adoption should either the person adopting or the adopted party reside in Nevada.
Neither the adopting party nor the adopted party can proceed with the adoption, if married, without the consent of their spouse.