Vermont Statutes Title 15 Sec. 2-409
Terms Used In Vermont Statutes Title 15 Sec. 2-409
- Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
- Child: means a minor or an adult son or daughter, by birth or adoption. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Minor: means a person who has not attained 18 years of age. See
- Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Physical custody: means the physical care and supervision of a minor. See
- Relinquishment: means the voluntary surrender to an agency by a minor's parent or guardian, for purposes of the minor's adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor. See
§ 2-409. Revocation of relinquishment
(a) A relinquishment under this title is revoked if:
(1) within 21 days after a relinquishment is executed, a parent who executed the relinquishment gives written notice to the court in which the relinquishment was signed and the agency to which the minor has been relinquished that the parent revokes the relinquishment, or the parent complies with any other instructions for revocation specified in the relinquishment; or
(2) the person who executed the relinquishment and the agency that accepted it agree to its revocation.
(b) The court shall set aside a relinquishment if the person who executed the relinquishment establishes:
(1) by clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by fraud or duress; or
(2) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the relinquishment pursuant to section 2-406 of this title.
(c) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is revoked, the agency shall immediately return the minor to the person’s custody and move to dismiss a proceeding for adoption. If the minor is not returned immediately, the person may petition the court named in the relinquishment for appropriate relief. The court shall hear the petition expeditiously.
(d) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subdivision (b)(1) of this section, the court shall dismiss any proceeding for adoption and order the immediate return of the minor to the custody of the person.
(e) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subdivision (b)(2) of this section and no ground exists under Article 3, Part 5 of this title, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and order the immediate return of the minor to the custody of the person, unless the court finds that return will be detrimental to the minor.
(f) If a relinquishment by a person who did not have physical custody of a minor when the relinquishment was executed is revoked or set aside and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and shall issue an order providing for the care and custody of the minor according to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)