Summary
In Matter of Appeals From Adoption Orders, 277 Ark. 520, 642 S.W.2d 573 (1982), the Arkansas Supreme Court in an original proceeding stated that lawyers are justifiably confused in determining when under the Revised Uniform Adoption Act they may appeal an order of adoption.
Summary of this case from Schneider v. S.L.MOpinion
PER CURIAM.
Understandably, confusion now exists among members of the bar about when an order of adoption is final and may be appealed.
The Revised Uniform Adoption Act, in Ark.Stat.Ann. § 56-216(a) (Supp.1981), now provides:
Appeal and validation of adoption decree.--(a) An appeal from any final order or decree rendered under this Act [§§ 56-201--56-221] may be taken in the manner and time provided for appeal from a judgment in a civil action.
However, the Revised Uniform Adoption Act, Ark.Stat.Ann. Title 56, Chapter 2 (Supp.1981) provides in various circumstances for the following decrees: (1) a final decree may be granted upon the initial application, or (2) a final decree may be granted after a hearing and after six months have lapsed from the date of the interlocutory decree, or (3) the interlocutory decree may become a final decree by its own terms without a final hearing. Quite naturally, confusion exists about the date of the final order for the purpose of appeal.
In order to put an end to the confusion, we shall prospectively construe any decree of adoption to be a final decree, no matter whether it is interlocutory or final, if no subsequent hearing is required by the terms of that decree.