Legal Memorandum: Statute of limitations for bringing an action to revoke or void consent to an adoption in cases involving allegations of fraud

Issue: Under Illinois law, what is the statute of limitations for bringing an action to revoke or void consent to an adoption in cases involving allegations of fraud?

Section 11 of the Adoption Act provides that "[n]o action to void or revoke a consent to or surrender for adoption, including an action based on fraud or duress, may be commenced after 12 months from the date the consent or surrender was executed." (Emphasis added.) [statref]750 ILCS 50/11(a) (West 2012)[/statref]. Thus, the statute of limitations, by its express terms, is applicable to cases involving allegations of fraud. See In re D.B., 246 Ill. App. 3d 484, 490 (1993).

Illinois courts have repeatedly and consistently held that the statute of limitations is absolute. See, e.g., In re Adoption of Samuel E., 401 Ill. App. 3d at 258; In re Joseph B., 258 Ill. App. 3d at 970. The statute of limitations applies to both agency surrenders and consents. In re Adoption of Samuel E., 401 Ill. App. 3d at 260. In addition, it applies regardless of whether an adoption has been finalized. In re Adoption of Samuel E., 401 Ill. App. 3d at 258. The fact that the statute does not explicitly state that its limitations period is applicable to cases involving allegations of conflict of interest does not create an exception to this absolute time limit. See In re Joseph B., 258 Ill. App. 3d at 970 (stating that the statute "clearly contemplates the application of its one-year statute of limitations" to actions that do not involve allegations of fraud or duress).

In re Adoption of J.W., No. 5-15-0203, 2016.IL.000213 (Feb. 4, 2016) (VersusLaw).

Date: March […]