When someone contests an adoption, the probate court must hold a contested hearing, give at least 14 days’ mailed notice unless waived, and decide the contest promptly.
(a) Upon the filing of a pleading or a motion by a party contesting the adoption, the probate court may not transfer the case or any part of the case to another court of this state, and shall forthwith set the matter for a contested hearing to determine each of the following: (1) Whether the best interest of the adoptee will be served by the adoption. (2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt the adoptee within the requirements of this chapter. (3) Whether all necessary consent has been given and, if so, the validity of each consent. (4) Whether an express consent has been or may be withdrawn. (b) The court shall give at least 14 days notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an incapacitated person shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant. (c) The court may continue the hearing from time to time to permit notice to all parties or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10F-11, or a court representative to investigate allegations underlying the contest or the whereabouts of any person entitled to notice of the proceeding. (d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If it is determined by the court that the adoption petition should be denied, the court shall enter a final judgment denying the contest. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings. (e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners where the adoptee is an incapacitated adult. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement. (f) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.