2006 Code of Virginia § 63.2-1234 - When consent is revocable

63.2-1234. When consent is revocable.

Consent shall be revocable as follows:

1. By either consenting birth parent for any reason for up to 10 days fromits execution. Once the child is 10 days old, no executed consent can bewithdrawn.

a. Such revocation shall be in writing, signed by the revoking party orcounsel of record for the revoking party and shall be filed with the clerk ofthe juvenile and domestic relations district court in which the petition wasfiled during the business day of the juvenile and domestic relations districtcourt, within the time period specified in this section. If the revocationperiod expires on a Saturday, Sunday, legal holiday or any day on which theclerk's office is closed as authorized by statute, the revocation periodshall be extended to the next day that is not a Saturday, Sunday, legalholiday or other day on which the clerk's office is closed as authorized bystatute.

b. Upon the filing of a valid revocation within the time period set out inthis section, the juvenile and domestic relations district court shall orderthat any consent given for the purpose of such placement is void and, ifnecessary, the juvenile and domestic relations district court shall determinecustody of the child as between the birth parents.

2. By any party prior to the final order of adoption (i) upon proof of fraudor duress or (ii) after placement of the child in an adoptive home, uponwritten, mutual consent of the birth parents and prospective adoptive parents.

(1989, c. 647, 63.1-220.3; 1991, cc. 364, 602; 1992, c. 125; 1993, cc. 338,553; 1995, cc. 772, 826; 1999, c. 1028; 2000, c. 830, 63.1-219.41; 2002, c.747; 2006, cc. 825, 848.)