40-6-135. Relinquishment of parental rights -- form, execution, and revocation. (1) A parent or guardian who proposes to relinquish custody of a child for purposes of placing the child for adoption may do so by executing a relinquishment by which all parental rights to the child are voluntarily relinquished to the department of public health and human services, a licensed adoption agency, or the prospective adoptive parents. A parent may not execute a relinquishment to the department or a licensed adoption agency unless the department or the agency has agreed to accept custody of the child until the child is adopted.
     (2) A relinquishment may be executed at any time, except that a birth mother may not execute a relinquishment before the child is 72 hours old.
     (3) Except as otherwise provided in this section, a relinquishment must be by a separate instrument executed before a notary public.
     (4) If the person from whom a relinquishment is required is a member of any of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.
     (5) If the relinquishment is executed in another state or country, the court having jurisdiction over the adoption proceeding in this state shall determine whether the relinquishment was executed in accordance with the laws of that state or country and may not proceed unless it finds that the relinquishment was so executed.
     (6) Upon the filing of a properly and voluntarily executed relinquishment of a child by a parent or guardian, the court shall immediately issue an order terminating the rights of that parent or guardian to that child. If the rights of both parents, the surviving parent, or the guardian have been terminated and if the department of public health and human services or a licensed adoption agency has agreed to accept custody of the child until the child is adopted, the court shall issue an order committing the child to the department or to the licensed adoption agency to which the relinquishment was given.
     (7) Entry of an order terminating the rights of both parents pursuant to subsection (6) terminates the jurisdiction of the district court over the child in any divorce or separate maintenance action.
     (8) Upon petition of a person who executed a relinquishment and of the department of public health and human services or the licensed adoption agency to which the child was relinquished, the court with which the relinquishment was filed may grant a hearing to consider whether the relinquishment should be revoked. A relinquishment may not be revoked if the child has been placed for adoption. A verbatim record of testimony related to the petition must be made.

     History: En. Sec. 1, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 225, L. 1987; amd. Sec. 2, Ch. 683, L. 1991; amd. Sec. 151, Ch. 546, L. 1995.