Rule 35 - Consent to Adoption(a) Time of Consent. The adoption petition may be consented to in writing by a parent no sooner than fifteen (15) days after the child has been b orn. If neither parent is living, the guardian of the child, or if there is no guardian, the next of kin, may give consent. If the parents' rights have been terminated or there is no next of kin, the court may appoint a suitable person or agency to act as legal guardian of the child and to give or withhold the consent.(b) Requirements of Consent.(1) The consent of the parent or legal guardian shall be on the petition, given under oath, and signed by the parent or legal guardian before a witness whose signature shall also be on the petition.(2) The court must determine, after hearing, that the parents have consented freely, knowingly, and voluntarily and that the adoption is in the best interest of the child.(c) Consent of Minor Parent. The court shall require the written consent of one of the parents, guardian, or guardian ad litem of any minor parent who wishes to consent to any adoption petition. If the whereabouts of both parents of the minor parent are unknown, that fact shall be sworn to by the petitioner or an authorized officer or official of a the licensed or governmental child placement agency after notice in accordance with Rule 32. The court may grant the petition upon a finding that the granting of the petition for adoption is in the best interest of the child. (d) Consent of Sperm or Ovum Donor. The consent of a sperm or ovum donor is not required if the genetic material of the sperm or ovum donor is donated to a licensed assisted reproduction facility and the donor, the donee, and the adoptive parent are undisclosed and unidentified to each other, proof of which may be made by a sworn affidavit of the donor, the donee, the adoptive parent, and the authorized representative of the licensed assisted reproduction facility.(e) Consent of Youth Adoptee. If the child to be adopted is fourteen (14) years of age or over, the adoption petition must be consented to in writing by the child, and the child should be present at the adoption hearing unless excused by the judicial officer for good cause.(f) Consent of Out-of-State or Incarcerated Parent. If a parent or legal guardian lives out of state or is incarcerated and wishes to consent to the adoption petition, the signature of the parent or legal guardian on the adoption petition shall be notarized. The parent or legal guardian shall attach a sworn affidavit with the name, address, and telephone number of and a statement by the parent or legal guardian acknowledging parentage of the child and attesting that consent is given knowingly, freely, and voluntarily with full understanding of the consequences of the consent.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.