(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, for a minor child who is in the custody of the department by a removal action under Section 63-7-1660, is valid, binding, and enforceable. However, if a cause of action for the termination of parental rights affecting a minor child who is in the custody of the department by a removal action under Section 63-7-1660 was filed prior to the execution of a consent or relinquishment, then the consent or relinquishment and any further action on the petition for adoption, while valid, remains subject to the pendency of the termination of parental rights action and any order of the court pursuant thereto.

(B) Notwithstanding subsection (A), the department may move the court to make specific written findings that the consent or relinquishment has been freely, knowingly, and voluntarily given or that the consent or relinquishment is invalid on any of the following grounds:

(1) the adoptee lacks the mental capacity to give consent pursuant to Section 63-9-310(A)(1);

(2) the person lacks the mental capacity to give consent pursuant to Section 63-9-320(A)(2) as a result of:

(a) suffering from mental illness, impairment, or deficiency;

(b) being under the influence of alcohol or illegal drugs or abusing prescription medication; or

(c) being impaired by medical treatment; or

(3) the consent or relinquishment was not given voluntarily or was obtained through undue influence, duress, or coercion.

(C) The custody of a minor child who is in the custody of the department shall not be modified pursuant to a consent or relinquishment prior to a hearing being held in court, wherein the department is a party, for the purpose of determining whether the requirements of this section and Section 63-9-60 have been met with regard to the standing of the petitioner and validity of any consent or relinquishment for the purpose of adoption.

(D) Notwithstanding any other provision in this section, the court must consider the best interests of the child in making any findings pursuant to this section.

HISTORY: 2018 Act No. 144 (H.3442), Section 4, eff April 4, 2018.

Subarticle 5

Investigations and Reports

DERIVATION TABLE

Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.

New

Section Former

Section 63-9-510 20-7-1738 63-9-520 20-7-1740