48-2-607. Appeals.
(a) Except as provided in subsections (b) and (c) of this section, after the final order of adoption is entered, no party to an adoption proceeding nor anyone claiming under such a party may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, but shall be fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by the provisions of this Chapter shall not affect the validity of any adoption proceeding.
(b) A party to an adoption proceeding may appeal a final decree of adoption entered by a clerk of superior court to district court by giving notice of appeal as provided in G.S. 1-301.2. A party to an adoption proceeding may appeal a judgment or order entered by a judge of district court by giving notice of appeal as provided in G.S. 1-279.1.
(c) A parent or guardian whose consent or relinquishment was obtained by fraud or duress may, within six months of the time the fraud or duress is or ought reasonably to have been discovered, move to have the decree of adoption set aside and the consent declared void. A parent or guardian whose consent was necessary under this Chapter but was not obtained may, within six months of the time the omission is or ought reasonably to have been discovered, move to have the decree of adoption set aside. Any action for damages against an adoptee or the adoptive parents for fraud or duress in obtaining a consent must be brought within six months of the time the fraud or duress is or ought reasonably to have been discovered. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1983, c. 454, s. 6; 1995, c. 457, s. 2; 1999-216, s. 11.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - General Adoption Procedure.
§ 48-2-102 - Transfer, stay, or dismissal.
§ 48-2-201 - Appointment of attorney or guardian ad litem.
§ 48-2-202 - No right to jury.
§ 48-2-203 - Confidentiality of proceedings under Chapter.
§ 48-2-204 - Death of a joint petitioner or stepparent pending final decree.
§ 48-2-205 - Recognition of adoption decrees from other jurisdictions.
§ 48-2-206 - Prebirth determination of right to consent.
§ 48-2-207 - Necessity of consent post-petition.
§ 48-2-301 - Petition for adoption; who may file.
§ 48-2-302 - Concurrent petitions to adopt and terminate parental rights.
§ 48-2-303 - Caption of petition for adoption.
§ 48-2-304 - Petition for adoption; content.
§ 48-2-305 - Petition for adoption; additional documents.
§ 48-2-306 - Omission of required information.
§ 48-2-401 - Notice by petitioner.
§ 48-2-402 - Manner of service.
§ 48-2-403 - Additional notice of proceedings by petitioner.
§ 48-2-404 - Notice of proceedings by court to alleged father.
§ 48-2-405 - Rights of persons entitled to notice.
§ 48-2-406 - Waiver of notice; effect.
§ 48-2-407 - Filing proof of service.
§ 48-2-501 - Report to the court during proceeding for adoption of a minor.
§ 48-2-502 - Preparation and content of report.
§ 48-2-503 - Timing and filing of report.
§ 48-2-602 - Disclosure of fees and charges.
§ 48-2-603 - Hearing on, or disposition of, petition to adopt a minor.
§ 48-2-604 - Denying petition to adopt a minor.
§ 48-2-605 - Hearing on petition to adopt an adult.