Consequences of a Person Initially Agreeing to Adopt a Child and Then Changing Her Mind
In In re Joseph B (258 Ill. App. 3d at 964, 630 N.E.2d at 1187) the mother executed a document entitled "Final and Irrevocable Consent to Adoption" on July 12, 1991, and pursuant to court order, her son was placed with his godmother, who initially agreed to adopt him. In re Joseph B., 258 Ill. App. 3d at 956, 630 N.E.2d at 1182.
In April 1992, however, the godmother changed her mind and the adoption did not proceed.
DCFS took the boy from the godmother's home and placed him in a foster home.
On August 13, 1992, approximately 13 months after Angela signed the original consent and without any further notice to the mother, DCFS sought and obtained an order terminating her parental rights and authorizing it to consent to the boy's adoption. In re Joseph B., 258 Ill. App. 3d at 956-57, 630 N.E.2d at 1182.
On November 16, 1992, the mother filed a motion to void her consent of July 12, 1991, and vacate the August 13, 1992, order terminating her parental rights. In re Joseph B., 258 Ill. App. 3d at 956-57, 630 N.E.2d at 1182.
The mother in In re Joseph B. argued that the court was without authority to enter the order terminating her rights because the consent became void when the godmother decided not to adopt her son. In re Joseph B., 258 Ill. App. 3d at 970, 630 N.E.2d at 1191.