The manner in which consent is to be provided pursuant to state law varies among the different states. Some require birth parents, or the agency or person with authority to give consent, to appear before a judge, for example. Other states require written consent statements that are notarized and witnessed. The waiting time before a consent is legally binding also varies from state to state.

It is important for all parties to understand the requirements for a consent to adoption because in all but the most extreme cases of duress or fraud, the consents are irrevocable in order to promote secure placements for the children being adopted.
Who may be a party to an adoption: Most states allow single and married adults to adopt children. However, the states define adult differently (typically, between the ages of 18-25) and may require additional things such as a minimum age difference between the adopting adult and the adoptive child. Approximately half of the states also allow for the adoption of adults. The adoption of adults is limited to step-children or mentally disabled adults in some states.

State laws may also protect the rights of unwed fathers and regulate the amount that may be charged for an adoption in that jurisdiction.

The federal laws permit interstate adoption and provide financial incentives, such as tax credits, for adoptive parents to help offset the costs of adoption.

Adoption Sub-categories