State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1234

§ 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 seven days fromits execution; however, such seven-day revocation period may be waived inwriting at the time of consent provided that the child is at least 10 daysold and the consenting birth parent acknowledges having received independentlegal counsel regarding the effect of such waiver. In the case of twoconsenting birth parents, the waiver by one consenting birth parent shall notaffect the right of the second consenting birth parent to retain hisseven-day revocation period.

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; 2008, c. 662.)

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1234

§ 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 seven days fromits execution; however, such seven-day revocation period may be waived inwriting at the time of consent provided that the child is at least 10 daysold and the consenting birth parent acknowledges having received independentlegal counsel regarding the effect of such waiver. In the case of twoconsenting birth parents, the waiver by one consenting birth parent shall notaffect the right of the second consenting birth parent to retain hisseven-day revocation period.

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; 2008, c. 662.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-63-2 > Chapter-12 > 63-2-1234

§ 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 seven days fromits execution; however, such seven-day revocation period may be waived inwriting at the time of consent provided that the child is at least 10 daysold and the consenting birth parent acknowledges having received independentlegal counsel regarding the effect of such waiver. In the case of twoconsenting birth parents, the waiver by one consenting birth parent shall notaffect the right of the second consenting birth parent to retain hisseven-day revocation period.

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; 2008, c. 662.)