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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. 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.

  4. 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.

  5. 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.

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