Any individual may be adopted, provided, however, that:
   I. If the adoptee is 14 years of age or older, he or she must assent to the adoption unless the court determines that it is not in the best interests of the adoptee to require assent. Such an assent shall be executed by the adoptee in writing and signed in the presence of the court in which the petition for adoption has been filed.
   II. If the adoptee is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or is in any other way emotionally or mentally deficient, the court may also appoint a guardian ad litem to protect that adoptee's interests.
   III. If the adoptee, whether a minor or an adult, is married, the spouse of the adoptee shall also assent to the adoption. The court may waive this requirement for good cause shown.
Source. 2004, 255:1, eff. Jan. 2, 2005.