VAIDIK, J.
M.L.S. appeals the probate court’s ruling denying her petition to adopt minor children A.S., D.S., C.S., and J.S. (collectively, “the Children”) and granting the petition to adopt the Children filed by cross-petitioners V.S. and L.S. . . . After the biological parents and the Marion County Department of Child Services (“MCDCS”) had executed consents allowing M.L.S. to adopt the Children, one of M.L.S.’s adopted children who lived in the home was alleged to be a juvenile delinquent for committing three counts of child molesting. MCDCS removed the Children and placed them in the home of V.S. and L.S. MCDCS and the Children’s biological parents subsequently executed consents allowing V.S. and L.S. to adopt the Children. We conclude that there is no basis under the statutes governing adoption or public policy to prohibit the execution of subsequent consents. . . .
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We can find no basis in the Adoption Code for holding that all subsequent consents are void. The Adoption Code says nothing that indicates a limitation on the ability to file additional consents, while the Code limits the ability to withdraw a consent or to substitute a petitioner.
Nor does public policy dictate a contrary result. Allowing competing petitions and subsequent consents gives a probate court a choice between two families to determine if placement with one of them is in the best interest of the child, avoids a “race” to obtain a parental consent, and allows biological parents whose rights have not yet been terminated and a county DCS to address changing circumstances. As a result, we conclude that parties whose consent is required for an adoption to be granted may execute subsequent consents.
In this case, all the parties proceeded as though the V.S./L.S. petitions were competing with, rather than substituting for, the M.L.S. petition. In fact, biological mother signed her consent for M.L.S. to adopt J.S. after she had signed a consent for L.S. to adopt him. Nor did the parties behave as though the biological parents or MCDCS were withdrawing their consent for M.L.S. to adopt the children. The biological parents never gave any indication that they no longer desired to give the Children up for adoption or that they no longer consented to have M.L.S. adopt the Children. The parties stipulated at trial that there had been no court order authorizing the withdrawal of either a parental consent or an MCDCS consent. Tr. Vol. I p. 17, 19. Such a court order would be required for a consent to be withdrawn. I.C. § 31-19-10-3. Instead, the biological parents and MCDCS signed subsequent consents. This was permissible, and the limits on withdrawal and substitution do not apply.
There was no withdrawal or substitution here. Instead, the biological parents and MCDCS executed subsequent consents allowing L.S. and V.S. to adopt the Children. As a result, the V.S. and L.S. petitions were supported by the necessary consents.
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Affirmed.
BAILEY, J., and BRADFORD, J., concur.