Rule 5 - Revoking Relinquishment of Parental Rights(a) AUTOMATIC REVOCATION. In accordance with D.C. Code § 4-1406 (2018 Supp.), a parent may revoke a relinquishment of parental rights once without a court order by executing and submitting a verified writing to the child-placing agency within 14 days of executing a legal relinquishment.(b) BY COURT ORDER. (1)Motion to Revoke Relinquishment of Parental Rights. Except as provided in Rule 5(a), a parent may revoke a relinquishment of parental rights only if a judge or magistrate judge determines that the relinquishment was not voluntarily given. The parent must file a motion stating the basis for the claim that the relinquishment was not voluntarily given.(2)Hearing Required. The court must hold a hearing on the motion to revoke relinquishment of parental rights.(3)No Pending Adoption Petition. If no adoption petition is pending, the motion must be: (A) served in accordance with Civil Rule 5, on the child-placing agency that accepted the relinquishment; and(B) assigned to a judge or magistrate judge as directed by the Presiding Judge.(c) EFFECT OF REVOCATION. If a relinquishment of parental rights is revoked and an adoption petition is pending, the court must proceed on an expedited basis to determine whether the parent's consent is no longer required under D.C. Code § 16-304 (d) (2012 Repl.) or whether the parent 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 relinquishment of parental rights.
While section (c) focuses on the court's determination under D.C. Code § 16-304 (d) or (e) (2012 Repl.), 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).