The court may consider asking the following questions:

• Did the parent receiving counseling?
• Did the child, if necessary, receive counseling?
• Has the parent been fully advised of the consequences?
• Why does the parent wish to relinquish?
• What are the child’s wishes as to the relinquishment?
• Is the parent’s consent freely and voluntarily given?
• Was the parent promised anything in return for the relinquishment?
• Does the parent know there is no legal remedy if the promises are not kept?
• Has the other parent relinquished or had parental rights terminated?
• If not, has the other parent received notice?
• Is this relinquishment for an Indian child?
• Does the parent designate the adoptive parents in the relinquishment?
• Does the parent understand this decision is final?

2.  Questions for the Mother

The court may ask the following questions of the mother. These questions are designed to flush out the three main issues to be drawn from the mother’s testimony: the informed and voluntary nature of her decision; how the relinquishment serves the child’s best interests; and whether notice to the father(s) is proper.

General Questions

• Name?
• Address?
• Age?  Date of birth?  (If mother is under the age of 18 years, the court should appoint a guardian ad litem to ensure the mother’s best interests are also protected.)
• Are you Native American?
• Are you familiar with a baby named ______?
• What is your relationship to this child?
• Do you think that giving up this child for adoption would be in the child’s best interests?
• What are some of the reasons why you think this relinquishment is in the best interests of the child?
• When did you first start thinking about giving up the child for adoption?
• Have you talked to a lawyer about this decision?
• What is the lawyer’s name?
• If you did not talk to a lawyer about this decision, would you like to?
• Have you spoken with a social worker or counselor about this decision?
• Who is this social worker or counselor?
• What kinds of things did you talk about with the social worker?
• Do you feel the social worker adequately discussed with you the other options available to you besides relinquishment?
• Did you have an opportunity to ask questions of the social worker about adoption and about the other options available to you?

Other Options

• Do you understand that there are other options available to you?
• Do you understand that instead of giving up (child) for adoption you could keep him/her and seek financial support from his/her father?
• Do you understand that instead of giving up (child) for adoption you could keep him/her and seek public assistance through the Department of Human Services?
• Do you understand that you could try to arrange a guardianship with friends or relatives to take care of (child) until you are older?
• Have you discussed this pregnancy and this relinquishment with your parents?
• Are they supportive of your decision?

Finality

• Do you understand fully the finality of this decision?
• Do you understand that you will be giving up all of your rights to parent this child?
• Do you understand that after the court enters the order of relinquishment, you will have no rights to visit the child?
• Do you understand that after the relinquishment order is entered, you will no longer be (child’s) legal mother?

About the Adoptive Couple

• Have you met the couple who plan to adopt (child)?
• What do you think of them?
• Do you understand that if the agency does not think that this is the right family for (child), it may not recommend that their adoption be finalized?
• Do you understand that the court may not think this is the right family for (child), and may not finalize their adoption?
• Do you understand that if either of these things were to happen, the child might be placed for adoption with another couple?
• Did the agency tell you that if the couple you have selected to adopt the child does not end up adopting (child), the agency would contact you and give you an opportunity to select another couple to adopt your child?
• Do you understand that if the agency does not follow through with this and does not allow you to participate in any subsequent placement, you may not come back into court and have this relinquishment set aside?
• Knowing that the family you have selected for (child) might not ultimately adopt (child), do you still want to give him/her up for adoption?
• Do you understand that you might never hear where (child) has been placed for adoption?
• Do you also understand that later on if your circumstances change, you may not come back into court and get the relinquishment order changed?
• You stated that you were ___ years old. Do you understand that when you get older, you will not be able to have this relinquishment set aside on the ground that you were only ___ years old when you made the decision?

About the Father/Other Parent

• Were you married at the time of conception or birth?
• Were you living with a man at the time of conception or birth?
• Do you know who the father of (child) is?
• If not, why not?
• Has he acknowledged to you that he is the father of (child)?
• Could anyone else possibly be the father of this child?
• Did you receive support payments or promises of support?
• Is the child’s father Native American?

Identity of the child’s father is where most problems occur on relinquishment petitions; when the birth mother conceals information about the father and fails to notify him. The court should leave no stone unturned in this area. The court should ask about father’s whereabouts if he is not a co-petitioner. The court may also ask follow-up questions about how the mother knew this man, and whether other contacts exist to aid in notifying him.

Pressure/Coercion/Voluntariness

• Do you believe that you have been pressured or coerced in any way in making this decision?
• Are you making this decision of your own free will?
• Have you received money or other benefits in connection with this decision?
• Has the agency agreed to pay the fees only if you would agree to give up your child for adoption?
• Do you understand that you could change your mind right now about the relinquishment and not have to pay the agency back for any of those fees?
• Did the agency or adoptive parents tell you they would send you pictures of (child) from time to time?
• Do you understand that if for any reason the agency does not send you these pictures, that you may not come back into court to set the relinquishment aside?
• Do you realize that those are only moral promises and not legal obligations on the part of the agency or adoptive parents?
• Are you currently taking any type of pain medication?
• In the last 24 hours, have you had any alcohol, drugs, or prescribed medications?
• Do you understand what is going on here today?
• Have you had any difficulty understanding any questions that the court has asked you today?

Conclusion

• Do you believe that this relinquishment is in your own best interest?
• Do you want more time to think about this decision?
• Do you want more counseling in connection with this decision?
• Do you want the court to enter the final order of relinquishment today?

The same basic questions posed to the mother about relationship, counseling, finality and voluntariness should also apply to the father.

• Do you claim paternity of this child?
• Are you aware of the existence of other potential fathers of this child?
• Are you currently paying child support for this child?

If an affidavit of counseling has been filed, these questions are optional for the court.  The questions may also substitute for the counseling affidavit.

• Name?
• Business address?  (If the parent is not a resident of the court’s jurisdiction, then the agency must be located in the court’s jurisdiction.)
• By whom are you employed?
• What is your educational background?
• Have you counseled (parent) and (parent) in connection with her/their relinquishment petition(s)?
• Please describe your contact with (parent).
• Did you file a counseling report with the court summarizing these contacts?
• Do you believe it is in the best interests of (mother) that her relinquishment petition be granted?
• Do you believe it is in the best interests of (father) that his relinquishment petition be granted?
• Do you believe it to be in the best interests of (child) that the relinquishment petition be entered?
• Do you have a recommendation as to the petition of (parent) for the relinquishment of the child?