Section 19-5-214 - Limitation on annulment of adoption - best interests standard(1) No final decree of adoption shall be attacked by reason of any jurisdictional or procedural defect after the expiration of ninety-one days following the entry of the final decree; except that, in cases of stepparent adoption, no final decree of adoption shall be attacked by reason of fraud upon the court or fraud upon a party, whether or not there is a jurisdictional or procedural defect, after the expiration of one year following the entry of the final decree of adoption.(2) When a final decree of adoption is attacked on any basis at any time, the court shall consider the best interests of the child, taking into account the factors set forth in section 14-10-124, C.R.S. The court shall sustain the decree unless there is clear and convincing evidence that the decree is not in the best interests of the child.L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 94: Entire section amended, p. 752, § 5, effective April 20; entire section amended, p. 1198, § 2, effective May 19. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 880, § 143, effective July 1.(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-4-116 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 94-1042 and Senate Bill 94-5 were harmonized.