§ 48-2-607. Appeals. - North Carolina Statutes

§48‑2‑607.  Appeals.

(a)        Except as providedin subsections (b) and (c) of this section, after the final order of adoptionis entered, no party to an adoption proceeding nor anyone claiming under such aparty may question the validity of the adoption because of any defect orirregularity, jurisdictional or otherwise, in the proceeding, but shall befully bound by the order. No adoption may be attacked either directly orcollaterally because of any procedural or other defect by anyone who was not aparty to the adoption. The failure on the part of the court or an agency toperform duties or acts within the time required by the provisions of thisChapter shall not affect the validity of any adoption proceeding.

(b)        A party to anadoption proceeding may appeal a final decree of adoption entered by a clerk ofsuperior 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 orderentered by a judge of district court by giving notice of appeal as provided inG.S. 1‑279.1.

(c)        A parent orguardian 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 tohave been discovered, move to have the decree of adoption set aside and theconsent declared void. A parent or guardian whose consent was necessary underthis Chapter but was not obtained may, within six months of the time theomission is or ought reasonably to have been discovered, move to have the decreeof adoption set aside. Any action for damages against an adoptee or theadoptive parents for fraud or duress in obtaining a consent must be broughtwithin six months of the time the fraud or duress is or ought reasonably tohave 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.)