Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.
1. In any action commenced by the natural parent of a child to set aside a court order terminating the parental rights of the natural parent after a petition for adoption has been granted, the best interests of the child must be the primary and determining consideration of the court.
2. After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting parent is in the child’s best interest.
Last modified: February 25, 2006