Elston v. Oglesby

Illinois Appellate Court
Civil Court
Adoption
Citation
Case Number: 
2014 IL App (4th) 130732
Decision Date: 
Thursday, October 30, 2014
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
HARRIS
Petitioner filed motion to reopen adoption in which she was adopted, at age 4, by her stepfather, and sought to vacate decree of adoption entered in 1973. Petitioner alleged fraud and lack of personal jurisdiction over her biological father, alleging that her mother filed false affidavit with intent that her father would not be found when mother knew or had ability to find father. Proof of extrinsic fraud would render adoption judgment void. However, Petitioner lacked standing to bring her claim, as she did not allege lack of jurisdiction over her, but over her father. (TURNER and HOLDER WHITE, concurring.)