42-1-107: Adoption prohibited if child not legally free.

(1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.

(2) A child may be placed for adoption only by:

(a) the department or another agency to which the child has been relinquished for purposes of adoption;

(b) the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian;

(c) the child's parents; or

(d) a guardian expressly authorized by the court to place the child for adoption.