How Can I Revoke My Consent to Adoption?
If you are going through an adoption, you probably feel like you are on a roller coaster of emotions. Whether you are the adoptive parent or the person placing the child for adoption, the process is full of emotional ups and downs. One minute everything is going smoothly, the next minute, a wrench throws the whole thing off. And you’re left wondering, will this ever end?
If you are the adoptive parent, one such proverbial wrench is the revocation. A revocation happens when the party whose consent is required for the adoption revokes his or her consent. To an adoptive parent, a revocation can feel like a sucker punch to the gut. But if you are the one giving the child up for adoption, the ability to revoke consent can feel like a God-send. It gives you a second chance before committing to this life altering decision.
To find out more about the process, let’s look at the rules surrounding revocations.
7 Days to Revoke
Generally, in North Carolina a person who consents to the adoption of a minor has seven days to revoke consent. The seven-day period includes weekends and holidays. But, if the seventh day falls on a weekend day or holiday, you will have until the next business day to revoke consent. So, if you sign the consent on Saturday, August 1st, you have until Saturday, August 8th to revoke your consent. But since the seventh day falls on a weekend day, you have until Monday, August 10th to revoke you consent (assuming Monday isn’t a holiday).
Written Notice of Revocation Required
To revoke your consent, you must give written notice to the person specified in the consent. You may give notice by:
- Personal delivery
- Overnight delivery service
- Registered or Certified Mail, Return Receipt Requested
If notice is by mail, notice is complete on the day it is mailed. If notice is by overnight delivery service, it’s considered complete on the day it is deposited with the service. The receipt is necessary to show the date so make sure you keep it.
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Minor’s Right to Revoke
A minor’s consent to adoption is required if he is 12 or older. If he is, the minor may revoke consent at any time before the final adoption decree is entered.
Second Consent is Irrevocable
If you give consent to the same adoptive parents a second time, your new consent is irrevocable.
Challenges to Consent
All consents are final unless revoked as outlined above. But, you can challenge the consent based on:
- Fraud or duress;
- The adoptive parent and person who executed the consent both agree to set the consent aside;
- The petition to adopt is voluntarily dismissed with prejudice; and
- The court dismisses the petition and no party appeals. Or, all the higher court affirms the dismissal and all appeals are done.
Revocations are complicated. Whether you are the adoptive parent or the person consenting to the adoption, you need to know your legal rights. Contact our office to speak with a knowledgeable family law attorney so you can get the information you need and make the right decision today.
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