Vermont § 2-408 - Revocation of consent

§ 2-408. Revocation of consent

• (a) In a direct placement of a minor for adoption by a parent or guardian, and before
  the adoption is finalized, a consent is revoked if: (1) within 21 days after the consent is executed, a parent who executed the consent notifies
  the court in writing that the parent revokes the consent, or the parent complies with
  any other instructions for revocation specified in the consent; or (2) the person who executed the consent and the prospective adoptive parent named or described
  in the consent agree to its revocation. (b) In a direct placement of a minor for adoption by a parent or guardian, the court shall
  set aside the consent if the person who executed the consent establishes: (1) by clear and convincing evidence, before a decree of adoption is issued, that the
  consent was obtained by fraud or duress; (2) by a preponderance of the evidence before a decree of adoption is issued that, without
  good cause shown, a petition to adopt was not filed within 45 days after the minor
  was placed for adoption, unless the 45-day period was extended by the court, in which
  event the petition to adopt was not filed within the extended period set by the court;
  or (3) by a preponderance of the evidence, that a condition permitting revocation has occurred,
  as expressly provided for in the consent pursuant to section 2-406 of this title. (c) If the consent of a person who had legal and physical custody of a minor when the
  minor was placed for adoption or when the consent was executed is revoked, the prospective
  adoptive parent shall immediately return the minor to the custody of the person who
  executed the consent and move to dismiss a proceeding for adoption or termination
  of the person’s parental relationship to the minor. If the minor is not returned immediately,
  the person may petition the court named in the consent for appropriate relief. The
  court shall hear the petition expeditiously. (d) If the consent of a person who had legal and physical custody of a minor when the
  minor was placed for adoption or when the consent was executed is set aside under
  subdivision (b)(1) of this section, the court shall order the immediate return of
  the minor to the custody of the person and dismiss a proceeding for adoption. (e) If the consent of a person who had legal and physical custody of a minor when the
  minor was placed for adoption or when the consent was executed is set aside under
  subdivision (b)(2) or (3) 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 the consent of a person who did not have physical custody of a minor when the minor
  was placed for adoption or when the consent was executed is revoked or set aside 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 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.)