B.W.C. v. A.N.M.

MADDOX, Justice.

The issue presented in this case is whether the Court of Civil appeals erred in holding that a final order of adoption cannot be set aside after the lapse of five years from the date of entry, even if the action to set it aside is brought within five years. Ala.Code 1975, § 26-10-5(c), in effect at the time this proceeding was commenced, provided as follows:

“(c) A final order of adoption made and entered by a probate court shall not be annulled, avoided, set aside or impaired after the lapse of five years from the date thereof because of any irregularity, infirmity or defect…