§ 48-3-608. Revocation of consent.
§ 48‑3‑608. Revocation of consent.
(a) A consent to theadoption of any infant who is in utero or any minor may be revoked within sevendays following the day on which it is executed, inclusive of weekends andholidays. If the final day of the revocation period falls on a Saturday,Sunday, or a legal holiday when North Carolina courthouses are closed fortransactions, then the revocation period extends to the next business day. Theindividual who gave the consent may revoke by giving written notice to the personspecified in the consent. Notice may be given by personal delivery, overnightdelivery service, or registered or certified mail, return receipt requested. Ifnotice is given by mail, notice is deemed complete when it is deposited in theUnited States mail, postage prepaid, addressed to the person to whom consentwas given at the address specified in the consent. If notice is given byovernight delivery service, notice is deemed complete on the date it isdeposited with the service as shown by the receipt from the service, withdelivery charges paid by the sender, addressed to the person to whom consentwas given at the address specified in the consent.
(b) In a directplacement, if:
(1) A preplacementassessment is required, and
(2) Placement occurs beforethe preplacement assessment is given to the parent or guardian who is placingthe minor,
then that individual's time undersubsection (a) of this section to revoke any consent previously given shall beeither five business days after the date the individual receives thepreplacement assessment or the remainder of the time provided in subsection (a)of this section, whichever is longer. The date of receipt is the earlier of thedate of actual receipt or the date established pursuant to G.S. 48‑3‑307.
(c) If a person who hasphysical custody places the minor with the prospective adoptive parent andthereafter revokes a consent pursuant to this section, the prospective adoptiveparent shall, immediately upon request, return the minor to that person. The revocationrestores the right to physical custody and any right to legal custody to theperson who placed the minor and divests the prospective adoptive parent of anyright to legal or physical custody and any further responsibility for the careand support of the minor. In any subsequent proceeding, the court shall awardreasonable attorneys' fees to the person who revoked if the prospectiveadoptive parent fails upon request to return the minor.
(d) If a person otherthan a person described in subsection (c) of this section revokes a consentpursuant to this section and this person's consent is required, the adoptioncannot proceed until another consent is obtained or the person's parentalrights are terminated. The person who revoked consent is not thereby entitledto physical custody of the minor. If the minor whose consent is requiredrevokes consent, the county department of social services shall be notified forappropriate action.
(e) A second consent toadoption by the same adoptive parents is irrevocable. (1949, c. 300; 1957, c. 778,s. 6; 1961, c. 186; 1969, c. 982; 1983, cc. 83, 688; 1985, c. 758, s. 12; 1987,c. 541, s. 1; 1991, c. 667, s. 1; 1995, c. 457, s. 2; 1997‑215, s. 8(a);2001‑150, s. 10; 2009‑185, s. 5.)