Guam § 4206 - Consent.

§ 4206. Consent.

(a) Where a petition is filed by a relative of the child within

the second degree either by blood or affinity, no adoption of such

child may be ordered unless the written consent to the adoption of

the child by the petitioner is given by each parent of the child or

if there is no parent, by the guardian of the child’s person. A minor

parent may consent to an adoption but his consent shall be

effective only when concurred by his parents or his guardian of

the person.

(b) Where a petition is filed by any other person, no adoption

of a child may be ordered unless the written consent to the

adoption of such child by the petitioner is given by the child’s

guardian of the person. Where the consent of a guardian of the

child’s person is required, the court may dispense with such

consent only if it finds that the withholding of such consent is

arbitrary and capricious. Consents shall be acknowledged before

a notary public and witnessed by a representative of the court.

(c) Where the child is twelve (12) years of age or older, the

adoption shall not be granted without his consent. Such consent

shall be given in court or shall be in writing in such form as the

court may direct.