In Re Adoption of H.D.M.

RUSSELL, Judge.

This is an appeal from an order denying a petition to set aside a decree of adoption.

F.W.B. (adoptive father) and B.M. were married on October 5, 1979. Shortly thereafter, the adoptive father petitioned the Probate Court of St. Clair County for the adoption of B.M.’s minor son, H.D. A final order of adoption was entered by that court on December 15, 1980.

Subsequently, the adoptive father discovered that his purported spouse had a previous marriage which remained in existence at the time that he and B.M. attempted to marry. The previous marriage was terminated by a divorce…