Also known as: revoke consent · revokes consent · revoked consent · revoking consent · revocations of consent · withdrawal of consent
Written by attorneys · grounded in primary & secondary sources — see below
A statutory mechanism allowing a biological parent to withdraw agreement to an adoption. Consent must be given at or after the time prescribed by statute and is usually required in writing and notarized. Withdrawal before entry of the adoption decree may be permitted when it serves the adoptee's best interest after notice and a hearing.
Logan signed a pre-birth consent form in her company break room designating Jamie as the adoptive parent. After giving birth she promptly petitioned the court to withdraw that consent before any decree was entered. The court permitted the withdrawal because the consent had been given before the statutory time and because withdrawal served the child's best interest after notice and hearing to all parties.
A mother gave written consent to adoption and later sought to revoke it months afterward. The court examined whether the revocation occurred before the decree and whether it served the child's best interest. Because the revocation was timely and no decree had yet been entered, the court allowed the withdrawal after providing notice and a hearing.
Select any source to read its text and confirm it supports the definition.
A parent may revoke consent before the adoption decree is entered if revocation serves the child's best interest. The court must provide notice and a hearing to the parties and any involved agency. After the decree is entered revocation is no longer permitted.
Supporting sources
Pre-birth consent is generally not irrevocable and cannot alone support entry of a decree. Consent must be given at or after the time prescribed by statute. A parent may withdraw such consent before the decree if it is in the child's best interest.
Supporting sources
Consent is usually required to be in writing and notarized. It must be executed at or after the statutory time rather than before birth. These requirements ensure the parent has had adequate opportunity to consider the decision.
Supporting sources
…upon the effect of statements in those pleadings with respect to Section 40-11-6(A). Nothing in the New Mexico Act permits withdrawal of consent. Wife has not suggested any equitable grounds for setting aside her sworn allegation or the stipulation of her counsel. At most, she could argue that the statements were made without…