HB543 Alabama 2016 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2016

Title

Adoption, in cases of fraud, final orders may be challenged until child is 18, Sec. 26-10A-25 am'd.

Summary

HB543 would allow a final adoption order based on fraud to be challenged and possibly overturned at any time up until the child turns 18, removing the previous one-year time limit.

What This Bill Does

The bill amends Alabama law to let a final decree of adoption be collaterally attacked and set aside if fraud is involved, at any time before the child reaches age 18. It retains the existing rule that non-fraud challenges still must occur within one year after the decree and after appeals, if any. The changes apply only to fraud cases and do not alter the overall adoption process timelines and requirements already in law.

Who It Affects

• Adopted children (up to age 18) whose adoption may be challenged for fraud, with a removal of the time limit for such challenges.
• Interested parties who allege fraud in an adoption (such as birth family or petitioners) who would have a pathway to challenge the decree without the prior time restriction, as long as the child is under 18.

Key Provisions

• Amends Section 26-10A-25 to allow a final decree of adoption to be collaterally attacked and set aside at any time before the child reaches 18 years old in cases of fraud.
• Maintains the existing one-year time limit after the decree and after appeals for non-fraud challenges (including kidnapping exceptions) to the extent not covered by the fraud exception.
• Specifies the act's effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law