A Consent and Relinquishment is invalid if the attorney-witness fails to be present when the birth mother (or father) signed the document and both witnesses failed to observe the statutorily-required discussion of the provisions of the Consent and Relinquishment.

Practice Point: Make sure both witnesses are in the room with the birth mother or father when the provisions of the Consent and Relinquishment are being discussed and when the Consent and Relinquishment is being executed.

Case Law