[AnnieBeth]

Our first adoption was in Utah, and both birthparents signed non-reversible revocation of rights after 24 hours. After reading this forum it seems that's not how it works in most places. Does anyone know the rules in CA? Could we really be placed with baby for months and then have her taken away? I honestly think it would kill me.

[kelceesmom]

California
Cal. Fam. Code §§ 8814. 5 and 8700
• In direct placements, parents have 30 days to submit a signed revocation or sign a waiver of the right to revoke consent

In agency adoptions, consent may only be revoked by mutual consent unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to seek court approval of revocation

[AnnieBeth]

Thank you so much, Denice! That's more stressful than our first adoption, but it's good to know what the laws are!

[Lumpkin]

I'm not in California, but generally in our area it appears that you can basically double whatever time they have listed on the books. Our attorney says that he generally waits double the time since he sees people file late, and the judge still accepts the late filings.

[jpchief2]

In Nebraska the birthparents can't come back at all after signing the paperwork. The courts really protect the adoptive parents here....thank goodness, I wish more states were like this!!

[BrandyHagz]

In Nebraska the birthparents can't come back at all after signing the paperwork.

Actually...this isn't true.

In NE, parents can sign 48 hours after the birth, but revocation isn't specifically addressed in the statutes. There was a recent case involving a NE couple and a mother who contested, with the support of the agency, months after placement, due to misinformation.

The best way to protect yourself is to make sure you’re dealing with an agency that is ethical and that has a history of handling all aspects of the adoption (legally, etc) above board. It only takes one misstep, intended or not, to call an adoption into question. Parents can protect themselves by dealing with professionals who take every step (from first contact to finalization for both sides (birth and adoptive parents)) as ethically as possible. This, in addition to being honest and ethical yourself...

For reference, I have copied the revocation statutes for NE below:

When Consent Can Be Executed
Citation: Rev. Stat. § 43-104
A written consent or relinquishment for adoption shall not be valid unless signed at least 48 hours after the birth of the child.

How Consent Must Be Executed
Citation: Rev. Stat. § 43-106
Consents must be acknowledged before an officer authorized to acknowledge deeds in this State and signed in the presence of at least one witness, in addition to the officer.

Revocation of Consent
Citation:

This issue is not addressed in the statutes reviewed.

[jpchief2]

[quote=BrandyHagz]Actually...this isn't true.

In NE, parents can sign 48 hours after the birth, but revocation isn't specifically addressed in the statutes. There was a recent case involving a NE couple and a mother who contested, with the support of the agency, months after placement, due to misinformation.

The best way to protect yourself is to make sure you’re dealing with an agency that is ethical and that has a history of handling all aspects of the adoption (legally, etc) above board. It only takes one misstep, intended or not, to call an adoption into question. Parents can protect themselves by dealing with professionals who take every step (from first contact to finalization for both sides (birth and adoptive parents)) as ethically as possible. This, in addition to being honest and ethical yourself...

For reference, I have copied the revocation statutes for NE below:

When Consent Can Be Executed
Citation: Rev. Stat. § 43-104
A written consent or relinquishment for adoption shall not be valid unless signed at least 48 hours after the birth of the child.

How Consent Must Be Executed
Citation: Rev. Stat. § 43-106
Consents must be acknowledged before an officer authorized to acknowledge deeds in this State and signed in the presence of at least one witness, in addition to the officer.

Revocation of Consent
Citation:

This issue is not addressed in the statutes reviewed.

It is true, it states it in the legal paperwork. I have a copy of it. I am sure it depends on what agency and the wording that is used when they sign the paperwork. The agency we use doesn't let the birthparents sign the paperwork until 5 days after delivery. That way they can't go back. You can look into it more if you like.

[Lumpkin]

Originally Posted by jpchief2

It is true, it states it in the legal paperwork. I have a copy of it. I am sure it depends on what agency and the wording that is used when they sign the paperwork. The agency we use doesn't let the birthparents sign the paperwork until 5 days after delivery. That way they can't go back. You can look into it more if you like.

Just because you have some paperwork, that doesn't make it true. The statutes are there, and really the only person who can tell you a definite answer is the judge, as his interpretation is what matters. Lawyers tend to word things in legal documents to construe what they want the courts and/or other parties to believe. That doesn't always mean that these things are factual, even if the judge allows them to remain uncontested.

[jpchief2]

Originally Posted by Lumpkin

Just because you have some paperwork, that doesn't make it true. The statutes are there, and really the only person who can tell you a definite answer is the judge, as his interpretation is what matters. Lawyers tend to word things in legal documents to construe what they want the courts and/or other parties to believe. That doesn't always mean that these things are factual, even if the judge allows them to remain uncontested.

See below:

When Consent Can Be Executed
Statute: § 43-104

Consent is not valid unless signed at least 48 hours after the birth of the child.

How Consent Must Be Executed
Statute: § 43-106

Consent must be executed before an authorized officer or, in private placements, before at least one witness.

Revocation of Consent
Statute:

Case law suggests that relinquishment is irrevocable unless there is a finding that revocation is in the child's best interest, or upon a finding of fraud, duress, or undue influence.

[Whirled_Peas]

This is what I read about CA consent:

When Consent Can Be Executed
Statute: Fam. Code §§ 8801.3; 8700

* In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician.
* Relinquishment to an agency can take place any time after the birth of the child.

How Consent Must Be Executed
Statute: Fam. Code §§ 8801.3; 8814; 8700

* In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent, who has advised the parents of their rights.
* In an agency adoption, a form is signed before two witnesses and acknowledged before an official of the agency.

Revocation of Consent
Statute: Fam. Code §§ 8814.5; 8700

* In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent.
* In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.

So, does "the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent." mean that they can give up their 30 day revocation period?