§ 48-3-707. Challenges to validity of relinquishments. - North Carolina Statutes

§48‑3‑707.  Challenges to validity of relinquishments.

(a)        A relinquishmentshall become void if:

(1)        Before the entry ofthe adoption decree, the individual who executed the relinquishment establishesby clear and convincing evidence that it was obtained by fraud or duress.

(2)        Before placementwith a prospective adoptive parent occurs, the agency and the personrelinquishing the minor agree to rescind the relinquishment.

(b)        A relinquishmentmay be revoked upon the happening of a condition expressly provided for in therelinquishment pursuant to G.S. 48‑3‑704.

(c)        If therelinquishment of an individual who previously had legal and physical custodyof a minor is set aside under subsection (a) or (b) of this section and nogrounds exist under G.S. 48‑3‑603 for dispensing with thisindividual's consent, the court shall order the return of the minor to thecustody of that individual, and shall dismiss any pending proceeding foradoption. If the court has reasonable cause to believe that the return will bedetrimental to the minor, the court shall not order the return of the minor butshall notify the county department of social services for appropriate action.

(d)        If therelinquishment of an individual who did not previously have physical custody ofa minor is set aside under subsection (a) or (b) of this section, and nogrounds exist under G.S. 48‑3‑603 for dispensing with thisindividual's consent, the court shall dismiss any pending proceeding foradoption. If return of the minor is not ordered under subsection (c) of thissection, the court shall notify the county department of social services forappropriate action. (1995, c. 457, s. 2; 1997‑215, s. 19.1(c).)