TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 15

ADOPTION OF CHILDREN

16-1512.  Appeal from order — Binding effect of adoption order. (1) Any appeal from an order granting or refusing to grant an order of adoption shall be taken to the supreme court.

(2)  After the order of adoption by the court becomes final, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceedings by reason of any defect or irregularity therein, jurisdiction or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed in subsection (1) of this section. In no event, for any reason, other than fraud on the part of the party adopting a child, shall an adoption be overturned by any court or collaterally attacked by any person or entity after six (6) months from the date the order of adoption becomes final. This provision is intended as a statute of repose.

History:

[I.C.A., sec. 16-1512, as added by 1957, ch. 189, sec. 2, p. 376; am. 1971, ch. 170, sec. 1, p. 805; am. 2000, ch. 173, sec. 1, p. 442; am. 2010, ch. 26, sec. 1, p. 46.]