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Isabella Brooke Knightly and Austin Gamez-Knightly

Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital

Monday, October 10, 2011

the Supreme Court listed five principles of law which are pertinent to a collateral attack on an adoption decree

In List Adoption
Case, supra, the Supreme Court listed five principles of law
which are pertinent to a collateral attack on an adoption decree.

In determining this appeal certain principles of
law must be kept in mind:


(1) an adoption decree
entered by a court having jurisdiction over the
subject matter and the parties is generally immune
from collateral attack, particularly where the record
shows a substantial compliance with the adoption
statute;

(2) where the record in the adoption
proceedings affirmatively reveals a lack of
jurisdiction, then the adoption decree is subject to J. A11020/06
- 15 -collateral attack;

(3) notice to a natural parent of the
adoption proceedings and the consent of a natural
parent, where necessary, are jurisdictional
prerequisites in an adoption proceeding;

(4) when an adoption decree is collaterally attacked, the entry of
the decree raises a presumption of its validity and
regularity and an implication arises that the court did
find the necessary facts and did perform all the steps
essential to the jurisdiction of the court;

(5) the burden is upon the person attacking an adoption
decree to establish its invalidity by clear and
convincing evidence.

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