ILNews

High court rules on putative father adoption case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.

In a 4-1 decision June 26, justices decided the Bartholomew County case of In Re Adoption of Unborn Child of B.W., W.G. v. D.B. and J.B., No. 03S04-0810-CV-560, which is the first to come from the Indiana State Bar Association's pro bono appellate program. Four justices made up the majority, but the chief justice dissented while another justice concurred in result and wrote the debated statutes provide "multiple opportunities for confusion or even intentional obfuscation."

The adoption case revolves around the minor child T.B., who was born out of wedlock in late 2006. Since the biological father, W.G., was incarcerated at the time, the trial court granted temporary custody to the adoptive parents. The jailed father received notice of the pending adoption and filed a motion to establish paternity in Circuit Court, rather than in Superior Court where the adoption case was pending. He later filed a more expansive motion entitled, "Petition to Establish Paternity and Contest Adoption of Unknown Minor Child," in that same Circuit paternity action. The adoptive parents claim that his failure to file it in the proper court nullified the motion; Bartholomew Superior Judge Chris Monroe determined that W.G. had failed to follow the statutory requirements to contest that adoption in Superior Court in a timely fashion, and his consent was irrevocably implied because of that.

The father argued that Indiana Code Sections 31-19-4-5 and -9-12 are in conflict because they require the putative father to file a motion to contest the adoption or to initiate a paternity action within 30 days of being served with the petition for adoption and notice of named father. Also, that county's local court rules require all paternity cases be filed in Circuit Court.

In July 2008, the Court of Appeals ruled the statutes can be "harmonized and rationalized to give effect to both statutes, given the recognition of the named father's obligation" to consult Indiana's adoption statutes as is stated in the notice of pending adoption proceedings.

But a majority of justices disagreed, finding that the biological father's actions of filing a paternity action in a different county court didn't irrevocably imply his consent for an adoption despite his failure to file a motion to contest in adoption court.

"In sum, we hold that under Indiana Code § 31-19-9-12(1), to be deemed to have implied his irrevocable consent to an adoption, a putative father must fail to file both a paternity action and a motion to contest the adoption," Justice Brent Dickson wrote. "The appellant-father here undisputedly timely filed his paternity action. It is therefore unnecessary to decide whether his timely attempt to contest the adoption, filed in the Circuit Court rather than in the Superior Court where the adoption was pending, satisfied the adoption implied consent statute. The paternity action sufficed to preclude a finding of implied irrevocable consent to the adoption."

The majority reversed and remanded the Bartholomew Superior Court ruling, while Justice Ted Boehm concurred in result but has concerns about the statutes.

"The statutes should not permit a filing in another court to suspend the prompt resolution of an adoption," he wrote. "Dueling jurisdictions, or even the need for transfer and consolidation, are formulas for delay. Nor should there be any doubt what a putative father must do to preserve his rights. I hope the General Assembly will consider requiring that a putative father wishing to contest an adoption or declare paternity must file in the court in which an adoption action is pending or otherwise assure consolidation of these two proceedings to reduce the opportunity for delay and confusion, while still preserving all rights of the putative father."

Chief Justice Randall T. Shepard dissented, finding the majority's ruling sets a dangerous precedent for the future.

He wrote. "... it will also provide a very simple roadmap for obstructionists, a tool to use in preventing what my colleagues call the 'expeditious placement of eligible children.' In this instance, it prevents the expeditious placement of a child who has known only these adoptive parents during the entire 32 months since his birth."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT