No. 10CA0210. In re the Petition of S.D., and Concerning R.M.S. Colorado Court of Appeals -- September 30, 2010
Petitioner S.D. appealed the district court’s orders refusing to rescind her adoption by respondents. The orders were affirmed.
Respondents adopted petitioner in 1974, when petitioner was 10 months old. In October 2008, petitioner filed a motion seeking to rescind her adoption and to obtain a copy of her original birth certificate. She alleged abuse by her adoptive family and contended that in 2003, her adoptive mother confessed that the adoption was illegal because petitioner’s birth father had never relinquished his rights. Her motion was denied in November 2008. She filed similar motions in November and December 2009, which also were denied.
On appeal, petitioner requested that the court simply rescind the adoption and rule that the adoption was void because her birth father never relinquished his parental rights. The Court of Appeals held there was no right to rescind the adoption nor was it void under Colorado law. To rescind her adoption, there must be a finding that the adoption was void. The trial court did extensive research but failed to find any authority enabling it to grant petitioner’s motion.
The Court also agreed with the district court’s conclusion that the statute of limitations bars petitioner from attacking an adoption decree entered more than thirty years ago. The applicable statute of limitations at the time petitioner was adopted was two years.