(dissenting). It seems to me that fundamental fairness requires the probate court to inform the releasing mother that a change of heart or a change of mind is not sufficient to justify a grant of a rehearing or a modification of the order granting waiver. The probate court in In re Blankenship, 165 Mich App 706, 709-710; 418 NW2d 919 (1988), explained to both parents "that mere change of mind was not sufficient to set aside the releases.” That critical step is missing in this case. "A change of mind by the natural mother is not in and of itself an evil thing. Instead, it is to be accorded great sympathy and, in a proper case, encouragement and favorable action.” In re John J, 135 Misc. 2d 728, 739; 516 NYS2d 842 (Family Ct, 1987).
The mother in this case contends she was misled by the following advice:
The Court: Do you understand further that you have a right to request a rehearing within 20 days and to appeal within 21 days of this order being entered? After that you would be barred from raising the question.
*386It seems eminently reasonable to me that she concluded she had a second chance and that a change of heart or mind would be honored. We do not know that for a certainty because no evidentiary hearing was conducted, but able counsel at the petition hearing adequately argued that point, and the mother did not have counsel at the waiver hearing. I consider that on these facts it was an abuse of discretion to refuse petitioner’s request for a rehearing.
I have noted the confusion attendant to consent revocation in adoption proceedings as far back as 1977, with particular emphasis on the deception accompanying advice to the callow of an impotent right to appeal. See In re Baby Girl Fletcher, 76 Mich App 219, 224-225; 256 NW2d 444 (1977) (Michael J. Kelly, P. J., dissenting).
I would reverse the probate court order denying petitioner’s request for a rehearing.