E.G.
E.G. v. A.G.
Opinion
Lead Opinion
Richli, J.
A.G. (the mother) gave birth to a son (the child). When the child was two, he was adopted—supposedly with the mother’s written consent—by the mother’s mother, E.G. (the grandmother), and her husband, B.C., Sr. (the stepgrandfather). They renamed him B.C., Jr.
When the child was five and a half, the mother filed a motion to set aside the adoption. She alleged extrinsic fraud, in that she had been told that what she was consenting to was a temporary guardianship, not an adoption. The trial court denied the motion as time-barred under Family Code section 9102. The mother appeals.
We will hold that Family Code section 9102 applies to any action or proceeding to set aside an adoption order on any grounds, including, as in this case, extrinsic fraud. We will further hold that Family Code section 9102 does not violate due process, even when applied to a claim that an adoption order is void due to lack of notice and lack of consent, at least under the circumstances of this case. Accordingly, we will affirm.
I
FACTUAL AND PROCEDURAL BACKGROUND
The child was bom in August 2003. In January 2004, the grandmother filed an application to adopt him. In November 2004, the…