Adoption: Is It Necessary to Seek the Consent of the Biological Parents of the Child?

Currently, I wish to adopt a male child who is currently being cared for by the biological mother. Due to unfavorable conditions, the biological mother wishes for someone else to adopt her child. I would like to know if, during the adoption process, it is necessary to consult the biological mother. Her husband passed away 2 years ago.

Based on Clause 1 Article 21 of the 2010 Law on Adoption, the regulation is as follows:

The adoption must be agreed upon by the biological parents of the adoptee; if the biological father or mother has died, gone missing, lost civil act capacity, or is unidentified, the consent of the remaining parent is required; if both biological parents have died, gone missing, lost civil act capacity, or are unidentified, the consent of the guardian is required; in cases where the child to be adopted is 09 years old or older, the child's consent is also required.

Therefore, the adoptive parent must obtain the consent of the child's biological mother in the aforementioned case.

Respectfully!

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