ILNews

Father’s consent not necessary for adoption to proceed

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Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.

The adoptive parents filed a petition to adopt the child, L.H., and claimed the father’s consent was not necessary on three grounds: He had failed to communicate significantly with L.H. for one year, had failed to support L.H. for one year and was an unfit parent.

Evidence presented to the trial court showed that father J.H. has a long history of depression and substance abuse. He has been reluctant to follow treatment advice for his mental health issues or drug and alcohol abuse. In addition, he has attempted suicide and has cut himself. Also, he has been arrested, lost his license and has had difficulty maintaining employment and stable housing.

In 2008, the adoptive parents became concerned about their grandson M.L. and his half-brother L.H. They obtained guardianship over the children which the father did consent to because of his inability to care for his son at that time. M.L. is not the biological child of J.H.

Since then, L.H. and M.L. have remained the grandparent’s care.

In granting the grandparents’ petition, the trial court found that the couple had established the grounds for dispensing with the father’s consent and that the adoption was in L.H.’s best interest.

The father appealed, arguing the evidence is insufficient to prove that his consent was not required and that adoption was in L.H.’s best interests.

The Indiana Court of Appeals affirmed in the case, In Re Adoption of M.L., 29A02-1201-AD-54. The COA ruled that since it found sufficient evidence to support the conclusion that the father is not a fit parent, it did not need to address the court’s alternate ground for dispensing with the father’s consent.

The Court of Appeals affirmed that the evidence supported the conclusion that adoption is in L.H.’s best interest.

 

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  • Waste of time
    Why did the court people even waste their time considering the father's case. Everyone knows that fathers are irrelevant concerning the rearing of children. Our matriarchal society bears this out.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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