§ 48-3-609. Challenges to validity of consent. - North Carolina Statutes

§48‑3‑609.  Challenges to validity of consent.

(a)        A consent shall bevoid if:

(1)        Before the entry ofthe adoption decree, the individual who executed the consent establishes byclear and convincing evidence that it was obtained by fraud or duress;

(2)        The prospectiveadoptive parent and the individual who executed the consent mutually agree inwriting to set it aside;

(3)        The petition toadopt is voluntarily dismissed with prejudice; or

(4)        The court dismissesthe petition to adopt and no appeal has been taken, or the dismissal has beenaffirmed on appeal and all appeals have been exhausted.

(b)        If the consent ofan individual who previously had legal and physical custody of a minor becomesvoid under subsection (a) of this section and no grounds exist under G.S. 48‑3‑603for dispensing with this individual's consent, the court shall order the returnof the minor to the custody of that individual and shall dismiss any pendingadoption proceeding. If the court has reasonable cause to believe that thereturn will be detrimental to the minor, the court shall not order the returnof the minor but shall notify the county department of social services forappropriate action.

(c)        If the consent ofan individual who did not previously have physical custody of a minor becomesvoid under subsection (a) of this section and no ground exists under G.S. 48‑3‑603for dispensing with this individual's consent, the court shall dismiss anypending proceeding for adoption. If return of the minor is not ordered undersubsection (b) of this section, the court shall notify the county department ofsocial services for appropriate action. (1995, c. 457, s. 2.)