Also known as: withdraw consent · withdrawing consent · withdrew consent · withdrawn consent · revocation of consent
Written by attorneys · grounded in primary & secondary sources — see below
A revocation of permission or agreement previously granted in a legal transaction. The revocation is effective when properly communicated before a finalizing event such as entry of an adoption decree or transfer of gametes resulting in pregnancy. After the finalizing event, withdrawal is no longer permitted.
Wanda Weaver signed a written and notarized consent to the adoption of her newborn by a couple. Before the adoption decree was entered, she changed her mind and filed a petition asserting that withdrawal served the child's best interest. The court scheduled a hearing with notice to all parties and the agency to determine whether withdrawal would be allowed.
William Williams initially consented in a record to his spouse's use of assisted reproduction. Before any gametes were transferred, he delivered written notice of withdrawal to his spouse and the clinic. The court later determined that the withdrawal prevented him from being treated as a parent of any resulting child.
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Withdrawal is permitted before the adoption decree is entered if it serves the adoptee's best interest. The court must provide notice and a hearing to the parties and any involved agency. After the decree, withdrawal is barred.
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An individual who consented may withdraw by giving notice in a record to the woman and any clinic or provider before a transfer that results in pregnancy. Failure to notify the clinic does not affect the parentage determination.
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A genetic surrogate may withdraw consent any time before 72 hours after birth by executing and delivering a notarized or witnessed notice of termination to each intended parent. Proper exercise of this right prevents the intended parents from being declared parents.
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…91 Cal.Rptr.2d 921 ( Roundtree ) [rape committed].) We agree with Roundtree and the Court of Appeal in the present case that a withdrawal of consent effectively nullifies any earlier consent and subjects the male to forcible rape charges if he persists in what has become nonconsensual intercourse. The juvenile court, after holding a…