Legal Question in Family Law in Washington

i am 16 and had a baby 1 month 9 days ago. i signed consent for adoption while high on vicoden. i signed another consent in the hospital under 2 days after birth. nothng has been finalized. i was pushed and pressured into this by my mom and the adoptive parents. i have sense moved to a foster home, who is willing to take me and my baby. i want her back, and i am still legally her guardian, am i able to go pick her up?


Asked on 3/24/11, 10:08 am

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

You need to move on this IMMEDIATELY!

RCW 26.33..160 gives you the procedure, which is as follows, unless your child is an Indian child:

(2) . . . consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways:

(a) Written revocation may be delivered or mailed to the clerk of the court before approval; or

(b) Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written.

Read the statute, do what it says. Call me if you have any questions after you read the statute. You do not need a specific form, you only need to say what the statute requires you to say. And deliver it to the clerk, do not mail it. Get a stamped copy that the clerk received it.

If it turns out the court has already approved your consent (which they may have done even if the adoption is not final), read subsection (3) of the statute. You should probably find out if your consent has been accepted by the court so you will know if your revocation is effective. If the person at the clerk's office will not tell you, ask to talk to their supervisor.

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Answered on 3/25/11, 11:01 am


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