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In a direct placement, consent may only take place after the discharge of the birth mother from the hospital.

If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician.

In an agency adoption, consent is final and may only be rescinded by mutual consent unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.

After the entry of a final decree of adoption of an Indian child, the child’s parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree.

A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of probate.

At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for withdrawing the consent in accordance with the requirements of §§ 26‑10A‑13 and 26‑10A‑14.

The consent is not valid unless the consent form states that the person consenting to the adoption has the right to withdraw that consent as provided in § (b) and unless the person consenting to the adoption acknowledges receipt of a copy of the consent form.

Consent may be withdrawn after the 10‑day period, if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the withdrawal, and the agency placing the child for adoption, that the withdrawal is in the best interests of the person to be adopted, and the court orders the withdrawal.

A potential father who fails to file a paternity action and who does not comply with all applicable service requirements within 30 days after completion of service of notice waives his right to be notified of any judicial hearing regarding the child’s adoption or the termination of parental rights, and his consent to the adoption or termination is not required.

A petition to adopt an adult may be granted only if written consent to adopt has been executed by the adult seeking to adopt and his or her spouse or by the guardian or conservator of the adult adoptee pursuant to the requirements of §§ 26‑10A‑6 and 26‑10A‑11 A consent or relinquishment may be taken at any time, except that once signed or confirmed, it may be withdrawn within 5 days after birth or within 5 days after signing of the consent or relinquishment, whichever comes last.

A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state that the person executing the document is voluntarily and unequivocally consenting to the adoption of the named child.

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