59-2114. Written consent required; acknowledgment; revocability of consent, when.

59-2114

Chapter 59.--PROBATE CODE
Article 21.--ADOPTION

      59-2114.   Written consent required; acknowledgment; revocability ofconsent, when.(a) Consent shall be in writing and shall be acknowledgedbefore a judge of a court of record or before an officer authorized by lawto take acknowledgments. If consent is acknowledged before a judge of acourt of record, it shall be the duty of the court to advise the consentingperson of the consequences of the consent. A consent is finalwhen executed, unless the consenting party, prior to final decree ofadoption, alleges and proves by clear and convincing evidence that theconsent was not freely and voluntarily given. The burden of proving theconsent was not freely and voluntarily given shall rest with the consentingparty.

      (b)   Consent in all cases shall have been executed not more than sixmonths prior to the date the petition for adoption is filed.

      History:   L. 1990, ch. 145, § 4; July 1.