ILNews

Court denies rehearing in adoption case

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The Indiana Supreme Court won't reconsider its reversal of an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indiana. In April, the high court ruled New Jersey resident S.M. failed to comply with the Interstate Compact on the Placement of Children in In the matter of adoption of infants H., Marion County Division of Children's Services v. S.M., No. 29S02-0904-CV-140.

The justices remanded with direction to comply with the compact and thereafter issue a further judgment accordingly. The order granting S.M. preliminary custody remained in effect pending completion of the directive and any other orders the trial court may enter.

S.M. had filed a petition to adopt twin girls born in Indianapolis to a South Carolina woman who used donor eggs and sperm. After it was discovered S.M. wasn't an Indiana resident, he claimed the children were hard to place. The Department of Child Services became involved. Eventually the trial court entered a final decree of adoption, dismissed the CHINS case, and ruled consent to adoption by DCS wasn't required.

In the order denying rehearing released Tuesday, the justices noted that S.M.'s petition for rehearing asks for directives on multiple motions, requests, and objections recently filed in the trial courts by both parties. That activity seems to have been prompted partly by the Supreme Court's ruling but also because New Jersey's child protection authorities have initiated a CHINS proceeding and removed the children from S.M.'s care.

"While pendency of an appeal generally moves jurisdiction over a case from the trial court to the appellate court until a decision on appeal is certified, Petitioner's supplemental appendix reflecting the trial court's recent activity demonstrates that the court amply appreciates that its authority during such a period runs only to emergency matters," the order stated.

Chief Justice Randal T. Shepard and Justices Brent Dickson, Frank Sullivan, and Theodore Boehm concurred with the reasoning of the order. Justice Robert Rucker voted just to deny rehearing.

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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