Question: Can Consent to Adoption be Revoked?
Adoption is supposed to be forever so a consent to adopt must be irrevocable. But there is a law in most States that allow for a consent to be revoked prior to the finalization of an adoption under very special circumstances or within a set time period.
Answer: Some circumstances can include:
- Consent was obtained by coercion, duress, or fraud.
- The birth parent is allowed to withdraw consent within a set time period. After the set time period the consent becomes irrevocable.
- The birth parent is allowed to withdraw the consent within a set period of time after which the consent is irrevocable unless it can be shown that revoking the consent is in the best interest of the child.
- There is a finding that revoking the consent is in the best interest of the child.
- The birth parents and adoptive parents agree to withdraw the consent.
- An adoptive placement is not finalized with a specific family or within a specified period of time.
SOURCE: Child Welfare Information Gateway
