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Oni v. Oni

The mother's motion to set aside the adoption of her two children was time-barred under O.C.G.A. § 19-8-18 subsection e, because she moved to set aside the adoption decree approximately 10 months after entry of that decree.

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Adedamola Olagoke Oni Dr. Oni is the adoptive father of twins born to Cassondra Oni Ms. Oni.1 In the first appearance of this case before this court, Oni v. Oni2 Oni I, Dr. Oni contended that the trial court erred by granting Ms. Oni’s motion to set aside the adoption.3 We agreed with Dr. Oni, reversed the judgment, and remanded the case for proceedings not inconsistent with Oni I.4 On remand, the trial court granted Ms. Oni’s amended motion to set aside the adoption. Dr. Oni now appeals for a second time. For reasons that follow, we again reverse the trial court’s judgment and remand with direction.

After meeting in 2009, Dr. Oni and Ms. Oni began a relationship.5 They discussed the possibility that Dr. Oni would adopt the twins, who were not his biological children.6 In April 2010, Ms. Oni and her then three-year-old twins moved into Dr. Oni’s home.7 One month prior to that, in March 2010, Ms. Oni and the twins’ natural father had surrendered their parental rights to facilitate the twins’ placement for adoption.8 Notably, the surrender documents executed by Ms. Oni stated, inter alia, that she agreed that Dr. Oni may initiate legal proceedings for the legal adoption of the children without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the children.9

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