SULLIVAN, J.
A mother seeks restoration of her parental rights, contending that she voluntarily agreed to the termination on the condition that she could continue visitation with her children, only to have visitation terminated at a subsequent hearing of which she received no notice or opportunity to be heard. Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted. On the facts of this case, the mother is entitled to a hearing on the termination of her visitation rights but not a full restoration of her parental rights.
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. . . [W]e conclude that Mother is entitled to some relief but not a full restoration of her parental rights. When she voluntarily relinquished her parental rights, it was not subject to unconditional future visitation with her children but only visitation so long as it was in the Children’s best interests. As such, she knew and agreed that visitation might be terminated in the future. On the other hand, due process demanded that she be given notice and the opportunity to be heard before visitation was terminated.
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Shepard, C.J., and Dickson and Rucker, JJ., concur.
Boehm, J., concurs in result with separate opinion.
BOEHM, J., concurring.
I would, as the majority puts it, resolve Mother’s claim as a matter of contract. Mother consented to termination, but attached an addendum containing a written condition—on its face a perpetual unchallengeable right to visitation—that violated several statutory provisions. A con-sent with an unacceptable condition is no consent at all. See 17A C.J.S. Contracts § 297 (1999) (“If striking the illegal portion defeats the primary purpose of the contract, a court must deem the entire contract unenforceable.”). A court may void the invalid condition only “if the parties would have entered the bargain absent the illegal portion of the original agreement.” Lee v. State, 816 N.E.2d 35, 39 (Ind. 2004) (quoting 17A C.J.S. Contracts § 297). Here, the majority concludes that voiding the addendum does not also void Mother’s original consent. I disagree. Mother testified that she would not have voluntarily relinquished her parental rights without the addendum. I do not find her earlier statement that she thought her rights would “be terminated anyway” to be inconsistent with her claim that she would have contested termination without the addendum.
Mother’s consent was not required for the court to terminate her parental rights. If the invalid consent were the end of the story, we would be left with trying to figure out what would have happened if Mother had contested termination and what should be done about an invalid consent in light of two years of intervening experience and adoptions on the assumption by all parties that Mother’s parental rights had been terminated. But at the termination hearing, Mother explicitly consented to a termination and, contrary to her written submission, unequivocally agreed to subject her visitation rights to future reconsideration. What is said in “open court” controls over pre-hearing documents. Neal v. DeKalb County Div. of Family and Children, 796 N.E.2d 280, 285 (Ind. 2003) (holding that a mother’s written consent to termination of parental rights was invalid when she later revoked her consent in open court). Having given her consent in open court Mother is estopped from challenging the court’s right to revisit and adjust or eliminate her visitation. In short, I do not agree that Mother’s written consent is enforceable, but in this case she clearly waived any right to assert a bulletproof right to visitation, and the termination is no longer open to question.