Notarised Consent to Adoption: What You Need to Know

Why Notarised Consent Is Required in Adoption Cases

In any adoption proceeding, the court must verify that the rights of the biological parents or legal representatives have been fully respected. This is why their consent to the adoption must be executed in writing and certified by a notary. Without this document, the court will not examine the adoption case on its merits. In my day-to-day practice, I regularly see families delay this step — and end up adding weeks to what is already a lengthy process.

Key points to keep in mind:

• Consent is required from each biological parent who has not been deprived of parental rights, regardless of whether they are married to each other.
• The document must be certified by a notary in the personal presence of the person giving consent — remote execution or execution through a representative (power of attorney) is not permitted.
• The consenting parent may name a specific prospective adoptive parent or give consent without specifying a particular individual.
• Consent may be withdrawn, but only before the court issues its adoption order.

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Who Must Give Consent — and When It Is Not Required

As a general rule, both biological parents must give their consent. If the child is under guardianship or custodianship, the guardian or custodian provides consent in place of the parents. Where one spouse is adopting the child, the other spouse must also give consent.

However, Uzbek law provides for situations in which parental consent is not required:

• the parent has been declared missing or legally incapacitated by a court;
• the parent has been stripped of parental rights by court order;
• the parent, for reasons the court finds unjustifiable, does not live with the child and evades parental duties and financial support.

The determination of whether any of these exceptions applies to a specific situation rests with the court — not with the notary. If you are unsure whether your circumstances fall within one of these exceptions, I strongly recommend consulting a family law attorney or speaking with me directly before proceeding.

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How the Notarisation Process Works

Please verify current notarial fees directly with the notary at the time of your appointment, as tariffs are subject to periodic revision.

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Documents to Bring to the Appointment

• Passport or other government-issued identity document of the person giving consent
• The child's birth certificate
• Marriage or divorce certificate (if applicable)
• Documents confirming guardianship or custodianship status — if consent is being given by a guardian rather than a biological parent
• Full name and date of birth of the prospective adoptive parent — if consent is being given in respect of a named individual

I recommend bringing originals and one copy of each document: this typically speeds up the appointment considerably.

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Frequently Asked Questions

Can consent be given through a representative acting under a power of attorney?

No. Consent to adoption is a strictly personal legal act. The notary is required to satisfy themselves in person that the individual giving consent understands the nature and legal consequences of what they are signing. A power of attorney has no application here.

What happens if one parent refuses to give consent?

In that case, adoption can only proceed through court proceedings, in which the court will assess all relevant circumstances. The notary has no role in resolving that dispute.

Can consent be withdrawn after it has been notarised?

Yes — but only before the court issues its adoption order. Once the order takes effect, withdrawal is no longer possible.

Is consent required when a stepparent is adopting a child?

Yes. If the other biological parent is alive, legally capable, and has not been deprived of parental rights, their consent is required under the standard procedure.

How long does the notarial appointment take?

Provided all documents are in order, the appointment typically takes no more than 30–40 minutes. The exact duration depends on the notary's schedule and the completeness of the documents presented.

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Closing Note

> Disclaimer. This article is intended for general informational purposes only and does not constitute a substitute for individual notarial or legal advice. Every situation has its own particular features that may affect the documents required, the procedure, and the associated costs.

Adoption is a legally significant and procedurally complex process in which properly executed documentation is critical. If you need to have a consent to adoption notarised, or if you would like to clarify in advance exactly which documents your specific situation requires, I welcome you to contact my notarial office in the Yunusabad district of Tashkent. My colleagues and I are available at a time convenient for you and are ready to help you complete everything correctly and without unnecessary delay.