§ 48-3-706. Revocation of relinquishments.
§ 48‑3‑706. Revocation of relinquishments.
(a) A relinquishment ofany infant who is in utero or any minor may be revoked within seven daysfollowing the day on which it is executed by the infant or minor's parent orguardian, inclusive of weekends and holidays. If the final day of the periodfalls on a Saturday, Sunday, or a legal holiday when North Carolina courthousesare closed for transactions, then the revocation period extends to the nextbusiness day. The individual who gave the relinquishment may revoke by givingwritten notice to the agency to which the relinquishment was given. Notice maybe given by personal delivery, overnight delivery service, or registered orcertified mail, return receipt requested. If notice is given by mail, notice isdeemed complete when it is deposited in the United States mail, postageprepaid, addressed to the agency at the agency's address as given in therelinquishment. If notice is given by overnight delivery service, notice isdeemed complete on the date it is deposited with the service as shown by thereceipt from the service, with delivery charges paid by the sender, addressedto the agency at the agency's address as given in the relinquishment.
(b) If a person who hasphysical custody relinquishes a minor and thereafter revokes a relinquishmentpursuant to this section, the agency shall upon request return the minor tothat person. The revocation restores the right to physical custody and anyright to legal custody to the person who relinquished the minor and divests theagency of any right to legal or physical custody and any further responsibilityfor the care and support of the minor. In any subsequent proceeding, the courtmay award the person who revoked reasonable attorneys' fees from a prospectiveadoptive parent with whom the minor was placed who refuses to return the minorand from the agency if the agency fails to cooperate in securing the minor'sreturn.
(c) If a person otherthan a person described in subsection (b) of this section revokes arelinquishment pursuant to this section and this person's consent is required,the agency may not give consent for the adoption and the adoption cannotproceed until another relinquishment or a consent is obtained or parentalrights are terminated. The person who revoked the relinquishment is not therebyentitled to physical custody of the minor.
(d) A secondrelinquishment for placement with the same adoptive parent selected by theagency and agreed upon by the person executing the relinquishment, or a secondgeneral relinquishment for placement by the agency with any adoptive parentselected by the agency, 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; 1997‑456, s. 56.2(a); 2001‑150,s. 11; 2009‑185, s. 6.)