Nelson v. Middlesex Dep’t of Soc. Servs. (P)

The appellants are the biological grandparents of two children, siblings adopted by another couple. The circuit court did not err in denying their request to re-opening the adoption case.

In the six months following entry of an adoption order, a person with standing may challenge the order more than 21 days after its entry for any of the grounds that would permit a challenge under Rule 1:1. But after the six-month period has run, Code § 63.2-1216 prevents a person from challenging the order even if one of the exceptions to Rule 1:1 is present.

Both orders that are the subject of the grandparents’ appeal were entered more than 21 days before the grandparents filed their initial pleading, and they haven’t shown that any exception to Rule 1:1’s finality rule applied. Contrary to their argument, they weren’t entitled to notice of the adoption proceedings as necessary parties, and their consent wasn’t required.

Affirmed.

Nelson v. Middlesex Dep’t of Soc. Servs. (P), No. 2041-17-2, Nov. 20, 2018. CAV (Russell) from Middlesex (Shaw).



Categories: Court of Appeals of Virginia, Opinions, Published

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