The promise to adopt must be based on some legal consideration. The absolute surrender of the child by the natural parent(s) or by the person or agency with legal custody upon a promise by the adopting parents to adopt the child is such legal consideration.

However, if the contract to adopt was made some time after the child was placed in the care of the adopting parents, it must be shown that the surrender was then made absolute and permanent in exchange for the promise of the adopting parents to adopt the child.

Submit the case to the Office of General Counsel (OGC) per GN 01010.815 ff. if the contract to adopt did not include an agreement of absolute surrender. The contract may contain some other legal consideration.