(a)The consent or relinquishment, once signed or confirmed, may not be withdrawn unless the consent or relinquishment is executed in writing and one of the following circumstances applies:
(1)As provided in Section 26-10E-13.
(2)When, at any time before entry of the final judgment of adoption, the court determines that the express consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of, or on behalf of, the petitioner; provided, however, that, after one year from the date of entry of the final judgment of adoption and after all appeals, if any, an express consent or relinquishment may not be challenged on any ground, except in cases of fraud or cases in which the adoptee has been kidnapped.
(3)Upon denial of a petition for adoption after a co
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(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn unless the consent or relinquishment is executed in writing and one of the following circumstances applies:
(1) As provided in Section 26-10E-13.
(2) When, at any time before entry of the final judgment of adoption, the court determines that the express consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of, or on behalf of, the petitioner; provided, however, that, after one year from the date of entry of the final judgment of adoption and after all appeals, if any, an express consent or relinquishment may not be challenged on any ground, except in cases of fraud or cases in which the adoptee has been kidnapped.
(3) Upon denial of a petition for adoption after a contested case under Section 26-10E-23.
(b) For the withdrawal of express consent or relinquishment as provided in Section 26-10E-13(b) to become effective:
(1) The individual seeking to withdraw the express consent or relinquishment must sign and date the withdrawal form provided pursuant to Section 26-10E-12 and have the withdrawal form signed by two witnesses or a notary public; and
(2) The individual seeking to withdraw the express consent or relinquishment shall either:
a. File the withdrawal form with the court within five business days of the child’s birth or within five business days of signing the express consent or relinquishment, whichever comes last; or
b. Mail the withdrawal form to the court bearing a postmark dated within five business days of the child’s birth or within five business days of the signing of the express consent or relinquishment, whichever comes last.
(c)(1) A petition to withdraw express consent or relinquishment under subdivision (a)(1) must be filed with the court in which the consent or relinquishment was listed on the withdrawal form. The pending adoption shall proceed to a contest as provided under Section 26-10E-23.
(2) If a petition for adoption is filed with a court and includes an express consent or relinquishment with a different court listed on the withdrawal form, the probate court in which the adoption proceeding is pending shall contact the court listed on the withdrawal form to ascertain whether a withdrawal of the express consent or relinquishment has been filed. The court listed on the withdrawal form shall notify the court in which the adoption proceeding is pending of any subsequent filings.
(d) In adjudicating a petition to withdraw an express consent or relinquishment under subsection (a), the court shall require that the individual seeking to withdraw the express consent or relinquishment shall establish the facts necessary to withdraw the express consent or relinquishment by a preponderance of the evidence.
(e)(1) If an express consent or relinquishment is properly withdrawn under subdivision (a)(1) and the probate court has issued an interlocutory order, the interlocutory order shall be set aside, and the court shall order the legal custody of the minor child restored to the individual or agency with legal custody of the minor child prior to the issuing of the interlocutor order. If the court determines that an attempted withdrawal under subdivision (a)(1) fails to comply with the statutory requirements of subdivision (a)(1), the court shall deny the withdrawal and declare that the express consent or relinquishment is final and binding.
(2) If an express consent or relinquishment is filed under subdivision (a)(2) and the petition to withdraw is filed prior to the entry of the final judgment of adoption, the determination of the validity of the withdrawal shall proceed pursuant to Section 26-10E-23.
(3) An express consent or relinquishment may be withdrawn under subdivision (a)(3) if the petition for adoption is denied after a contested case under Section 23-10E-23.
(4) Any order made by the court upon a petition to withdraw express consent or relinquishment under this section shall be deemed a final judgment for the purpose of filing an appeal under Section 26-10E-25.