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Judges disagree on whether grandfather can adopt

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Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.

The majority concluded he could, finding it was in the best interests of the child for the grandfather to adopt. Because the primary concern in an adoption is the best interests of the child, preventing the adoption on the basis of Indiana Code Section 31-19-15-1 and -2 would cause an absurd result not intended by the legislature, wrote Judge Elaine Brown for the majority.

Grandfather M.M.’s uncontested petition to adopt his granddaughter was ultimately denied by the trial court. M.M.’s daughter, M.L.M., is the biological mother of granddaughter A.M. The grandfather’s petition stated that mother isn’t terminating or relinquishing her legal maternal rights; the biological father consented to the adoption.

The trial court denied the petition because there is no statutory authority allowing a biological parent to maintain parental rights following the issuance of a decree of adoption by a grandparent. Indiana caselaw allowing a biological parent to maintain parental rights all share the common issue of an adoptive parent and the consenting parent cohabitating. M.M. does not live with his daughter.

In Adoption of A.M.; M.M. v. M.M. & A.C. No. 53A05-1002-AD-71, M.M. wanted the holding in In Re Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004), to be expanded to include grandparents who don’t live in the child’s home and who don’t provide primary care for the child every day. The K.S.P. court held that in the spirit of Indiana’s adoption laws, the legislature couldn’t have intended the “absurd result” that if the trial court granted Monica Polchert’s petition for adoption of her domestic partners’ children, that her partner Linda Lutz’s parental rights would be terminated. The court also held that where the prospective adoptive parent and biological parent are both acting in fact as parents, Indiana law doesn’t require a destructive choice between the two parents.

The majority in the instant case held that the grandfather is considered family under the statute, and while he doesn’t live with the biological mother, they live close to each other and the grandfather acts as a parent by providing financial support, taking A.M. to classes, and A.M. stays over at his house often.

Judge Edward Najam dissented because there is not statutory authority for a biological parent to maintain her parental rights after adoption by a grandparent. Indiana law requires except for a single-parent adoption, that the biological parent and the adoptive parent be married to each other. It doesn’t matter whether the parents live together and form a family unit with the child, he noted.

“It is the legislature’s prerogative to establish what policies are to be furthered under the adoption statutes, including whether an unmarried couple may adopt,” he wrote.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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