9.04.050 Persons Required to Consent to Adoption

(a) Unless consent is not required under Section 9.04.060, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

(1) The mother of the minor whether by birth or adoption.

(2) The father of the minor, if:

(3) The minor is his child by adoption, or he has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought: or

(4) He is presumed to be the natural father of the minor, under Section 9.04.260, provided he nonexistence of the father and child relationship between them has not been judicially determined.

(5) Any person lawfully entitled to custody of the minor or empowered to consent.

(6) The Court having jurisdiction to determine custody of the minor is not empowered to consent to the adoption.

(7) The minor, if more than fourteen (14) years of age, unless the Court in the best interest of the minor dispenses with the minor's consent; and

(8) The spouse of the minor to be adopted.

(9) An illegitimate adoption requires only the mother's consent.

(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse.