§ 2-408. Revocation of consent

(a) In a direct placement of a minor for adoption by a parent or guardian, and before the adoption is finalized, a consent is revoked if:

(1) within 21 days after the consent is executed, a parent who executed the consent notifies the court in writing that the parent revokes the consent, or the parent complies with any other instructions for revocation specified in the consent; or

(2) the person who executed the consent and the prospective adoptive parent named or described in the consent agree to its revocation.

(b) In a direct placement of a minor for adoption by a parent or guardian, the court shall set aside the consent if the person who executed the consent establishes:

(1) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress;

(2) by a preponderance of the evidence before a decree of adoption is issued that, without good cause shown, a petition to adopt was not filed within 45 days after the minor was placed for adoption, unless the 45-day period was extended by the court, in which event the petition to adopt was not filed within the extended period set by the court; or

(3) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the consent pursuant to section 2-406 of this title.

(c) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked, the prospective adoptive parent shall immediately return the minor to the custody of the person who executed the consent and move to dismiss a proceeding for adoption or termination of the person's parental relationship to the minor. If the minor is not returned immediately, the person may petition the court named in the consent for appropriate relief. The court shall hear the petition expeditiously.

(d) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under subdivision (b)(1) of this section, the court shall order the immediate return of the minor to the custody of the person and dismiss a proceeding for adoption.

(e) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under subdivision (b)(2) or (3) of this section and no ground exists under Article 3, Part 5 of this title, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and order the immediate return of the minor to the custody of the person, unless the court finds that return will be detrimental to the minor.

(f) If the consent of a person who did not have physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked or set aside and no ground exists under Article 3, Part 5 of this title, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and issue an order providing for the care and custody of the minor according to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)