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Can A Notary Notarize Adoption Consents if they are also the Director of the Adoption Agency?

Dothan, AL |

Would that be a conflict of interest and can it make the consent Null and Void? If so how would you go about voiding it?

Attorney Answers 2


  1. It depends. Many state law allows that, a couple do not. You should speak with an attorney in the state where the consent was taken or provide that in your fact scenario so that someone from that particular state can assist.

    Jennifer Fairfax does not represent you unless you have entered into a written Retainer Agreement with Jennifer Fairfax, LLC, Family Formation Law Offices. Answers to questions on AVVO are general answers to broad fact scenarios and do not create an attorney client relationship.


  2. You will need to consent with a local adoption attorney (check the American Academy of Adoption Attorneys website). Although it isn't a particularly good practice, it does not strike me as automatically making the consents invalid as long as the birthparents were fully informed and signed willingly. If you are concerned that the birthparents were coerced or pressured into consenting and that's why the agency director notarized the consents, you definitely need to talk to an attorney.

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