The court must promptly set a contested adoption hearing, give at least 14 days’ notice unless waived, require certain people to attend, and then decide the contest quickly.
(a) Upon the filing of a pleading or a motion by a party contesting the adoption, or upon transfer of a contested case pursuant to Section 26-10E-3, the court 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 an adoptee within the requirements of this chapter. (3) Whether all necessary express consent, implied consent, or relinquishment to the adoption have been given and, if so, are valid. (4) Whether an express consent or relinquishment has been or may be withdrawn. (b) The court shall give at least 14 days of 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 individual with a developmental disability or a minor 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 26-10E-19, or a court representative to investigate allegations underlying the contest or the whereabouts of any individual 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 the court determines that the adoption petition should be denied, the court shall either transfer the case to the appropriate juvenile court pursuant to Section 26-10E-3 for the limited purpose of considering termination of parental rights or the court shall enter a final judgment denying the adoption. Otherwise, the court shall enter a final judgment denying the contest and, subject to any post judgment motions and appellate proceedings, the probate court shall proceed as provided in Section 26-10E-24. 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. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement. (f)(1) Following the entry of a final judgment denying a petition for adoption, the court shall enter a temporary custody order determining each of the following: a. Whether it is in the best interest of the minor child for the petitioner or petitioners to retain custody of the minor child or for the minor child to be returned to the person or agency with legal custody of the minor child prior to the filing of the petition. b. Whether a written report should be sent to the county department of human resources pursuant to Chapter 14 of Title 26 for a further determination concerning custody. (2) The custody determination shall remain in effect only until another court of competent jurisdiction enters a custodial order regarding the minor child. (g) 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.