Rule 6 - Revoking Consent(a) MOTION TO REVOKE CONSENT. A person may revoke or withdraw consent to an adoption only if a judge or magistrate judge determines that the consent was not voluntarily given. The person seeking to revoke consent must file a motion stating the basis for the claim that consent was not voluntarily given.(b) HEARING REQUIRED. The court must hold a hearing on the motion to revoke consent.(c) EFFECT OF REVOCATION. If consent to adoption is revoked and an adoption petition is pending, the court must proceed on an expedited basis to determine whether the person's consent is no longer required under D.C. Code § 16-304 (d) (2012 Repl.) or whether the person is withholding consent contrary to the best interests of the child under D.C. Code § 16-304 (e) (2012 Repl.).COMMENT
Under Rule 13, the court must grant permission to intervene to a birth parent, who is not an original party to the adoption proceeding, for the limited purpose of addressing a motion to revoke consent.
As with Rule 5, section (c) focuses on the court's determination under D.C. Code § 16304 (d) or (e) (2012 Repl.), but the court must first determine whether the parent is fit if no fitness determination was previously made. See In re Ta. L., 149 A.3d 1060, 1081-84 (D.C. 2016) (en banc).