In re Adoption of G.T., 2025 IL App (4th) 250232-U
Res Judicata Cannot Bar Valid Jurisdictional Challenges
The Illinois Appellate Court reversed dismissal of a 2-1401 petition to vacate an adoption judgment. Res judicata does not bar collateral attacks when the prior parentage dismissal did not adjudicate the adoption's validity. Putative fathers retain limited jurisdictional challenges despite earlier adverse rulings.
Facts
Wesley E., a putative father, filed a 2-1401 petition to vacate an adoption judgment allowing stepfather Alex M. to adopt child G.T., claiming lack of notice. The trial court dismissed Wesley's petition on res judicata grounds based on his prior unsuccessful parentage action.
Issue
Whether res judicata bars a 2-1401 petition to vacate an adoption judgment when a putative father's prior parentage action was dismissed.
Holding
The Fourth District reversed, holding that res judicata did not bar Wesley's petition because the prior parentage dismissal did not adjudicate the adoption's validity. The identity of cause of action requirement was not satisfied since the adoption judgment's validity was never litigated in the parentage proceeding.
Key Reasoning
- Res judicata requires final judgment on merits, identity of cause of action, and identity of parties
- Prior parentage dismissal relied on adoption judgment rather than challenging its validity
- Applying res judicata would be circular when adoption's validity was never actually litigated
- De novo review applies to motions to dismiss raising matters outside pleadings under section 2-619
Practical Impact
For Petitioners
Putative fathers can still challenge adoption judgments via 2-1401 petitions even after unsuccessful parentage actions, provided the adoption's validity was never directly litigated
For Respondents
Cannot rely solely on prior parentage dismissals to foreclose jurisdictional challenges; must ensure adoption proceedings had proper jurisdiction and notice from the outset
When This Applies
Applies when challenging void adoption judgments for lack of jurisdiction; does not apply when adoption validity was actually adjudicated in prior proceedings
Statutes Cited
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