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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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