CHAPTER 278

96-S 2450

Approved Aug. 6, 1996.

AN ACT PERTAINING TO THE ADOPTION OF CHILDREN

It is enacted by the General Assembly as follows:

SECTION 1. Section 15-7-21 of the General Laws in Chapter 15-7 entitled "Adoption of Children" is hereby repealed in its entirety:

15-7-21. Reversal of decree on application of parent not notified. -- A parent who has not had notice before the hearing upon a petition for the adoption of his or her child or termination of his rights of consent may at any time within one year after the last publication of the notice apply to the family court to reverse the decree; the court after due notice may in its discretion reverse the decree if it appears that any of the material allegations in the petition were not true.

SECTION 2. Chapter 15-7 of the General Laws entitled "Adoption of Children" is hereby amended by adding thereto the following section:

{ADD 15-7-21.1. Challenge to decree. -- Notwithstanding any other provisions of this chapter a decree of adoption or a termination of a parent's right to give or withhold consent for adoption, shall not be subject to a challenge or petition to reverse unless the challenge or petition is filed in the family court within one hundred eighty (180) days after the decree or order is entered. In the event a challenge is brought within the one hundred eighty (180) day period by an individual whose parental relationship to an adoptee is terminated, or by any individual who is asserting a parental relationship to the adoptee, pursuant to the provisions of this chapter, the family court shall deny the challenge unless the court finds by clear and convincing evidence that the decree or order is not in the best interest of the adoptee. ADD}

SECTION 3. This act shall take effect upon passage.



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