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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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