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Consent To Adopt

The document that is voluntarily signed by the birthparents in an adoption that allows the adoptive parents to adopt their child. In most states it must be signed in front of witnesses and a Notary Public. State law varies widely concerning when the earliest point in time is when a binding Consent may be signed by a birth parent, with the earliest being before the child is born and the latest being 15 days after the birth. In some states a Consent is irrevocable when signed, meaning it cannot later be taken back or voided by a birthparent, unless it can be shown that it was executed in an improper form or way, or at an improper time, or that it was obtained as the result of fraud, misrepresentation, force or duress. Generally, a Consent to Adoption differs from a Relinquishment that is most often used in an agency adoption, since a Consent to Adoption passes the parental rights of the birthparents directly to the adoptive parents that they have chosen, while the Relinquishment passes the parental rights to the agency, which in turn passes them on to adoptive parents, which may or may not have been selected by the birthparents.

Question: If someone signs a consent to adopt, can they change their mind? My step-daughters mother signed a consent to adopt and i had agreed to adopt her. It hasn't gone to court yet, but our lawyer has the paperwork. Can she change her mind once we go to court and if so, is there anything we can do about it and have it followed through. We live in the state of Kansas.

Answer: Consent given to adoption can always be rescinded anytime before there is a court approval of the adoption.


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