(2) Severance of family ties with children by adoption or otherwise may be accomplished only by the order of a court of competent jurisdiction.
(3) In the absence of the certificate provided for in subsection (4) of this section, it is unlawful to present a child released or surrendered to a child-caring agency by a parent, parents or guardian for a court to pass upon the adoption of the child until at least six months have elapsed after signing the release or surrender.
(4) Parents or guardians who have given a child into the guardianship of a child-caring agency by release or surrender under this section for the purpose of adoption may, concurrently or subsequently and without any adoption proceeding having been initiated, agree that the release or surrender shall become irrevocable as soon as the child is placed by the agency in the physical custody of a person or persons for the purpose of adoption, and waive their right to personal appearance in court in matters of adoption of the child, by a duly signed and attested certificate. From and after physical placement for adoption, the certificate of irrevocability and waiver and the release or surrender may not be revoked by the parent or guardian unless fraud or duress is affirmatively proved.
(5) No agreement to release or surrender a child for adoption, or other agreement or waiver of rights having the same effect, executed before March 24, 1971, in connection with the surrender of a child into the guardianship of a child-caring agency for purposes of adoption, may be revoked or held invalid for any reason except upon affirmative proof of fraud or duress. [Formerly 419.128; 1971 c.26 §1; 1975 c.310 §7; 1983 c.510 §10; 2016 c.106 §14]
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