(1) Before the entry of the adoption decree, the individual who executed the consent
establishes by clear and convincing evidence that it was obtained by fraud or duress;
(2) The prospective adoptive parent and the individual who executed the consent mutually
agree in writing to set it aside;
(3) The petition to adopt is voluntarily dismissed with prejudice; or
(4) The court dismisses the petition to adopt and no appeal has been taken, or the
dismissal has been affirmed on appeal and all appeals have been exhausted.
(b) If the consent of an individual who previously had legal and physical custody
of a minor becomes void under subsection (a) of this section and no grounds exist
under G.S. 48-3-603 for dispensing with this individual's consent, the court shall order the return of
the minor to the custody of that individual and shall dismiss any pending adoption
proceeding. If the court has reasonable cause to believe that the return will be detrimental
to the minor, the court shall not order the return of the minor but shall notify the
county department of social services for appropriate action.
(c) If the consent of an individual who did not previously have physical custody of
a minor becomes void under subsection (a) of this section and no ground exists under
G.S. 48-3-603 for dispensing with this individual's consent, the court shall dismiss any pending
proceeding for adoption. If return of the minor is not ordered under subsection (b) of this section, the
court shall notify the county department of social services for appropriate action.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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