ILNews

COA: Court lacked personal jurisdiction

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court's denial of a biological mother's motion to set aside an adoption decree because the court lacked personal jurisdiction over her and her due process rights were violated.

In In the matter of the adoption of D.C.; H.R. v. R.C., No. 22A01-0709-CV-425, the appellate court ruled the adoptive mother, R.C., did not do everything she could to contact H.R., the biological mother, about R.C.'s petition to adopt D.C. R.C., who married D.C.'s biological father, argued that even though she hadn't complied with Indiana Trial Rules when sending H.R. notice of the adoption proceedings, H.R. is barred from challenging the adoption decree pursuant to Indiana Code Section 31-19-14-4.

The Court of Appeals found that Floyd Circuit Court lacked personal jurisdiction over H.R. in the case because R.C. didn't comply with Indiana Trial Rules, which require a service made to a person through the mail be accompanied by a return receipt showing receipt of the letter. H.R. never received R.C.'s certified mail regarding the adoption proceedings; she didn't find out about the adoption until nearly two years later.

The appellate court also ruled I.C. Section 31-19-14-4 creates an unconstitutional due process violation in this case because the biological mother had the right to make decisions regarding the custody of her child.

The court also questioned whether the Indiana General Assembly anticipated the scenario of this case when they enacted this section of the code because the plain language provides that a person whose parental rights are terminated may not file an untimely challenge to an adoption decree even if the putative father didn't receive notice or if the proceedings were in any other manner defective, wrote Judge Cale Bradford.

The Court of Appeals remanded the matter for a hearing on the merits of R.C.'s adoption petition.
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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