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Supreme Court: Father’s consent not needed in adoption

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A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.

The Indiana Supreme Court affirmed the adoption petition out of Allen Superior Court in In re Adoption of T.L. and T.L.; M.G. v. R.J. and E.J., 02S03-1308-AD-528. Justice Mark Massa wrote that the trial court findings and conclusions of law, and cited statute that provide a natural parent’s consent, is not required if the parent knowingly fails to provide care and support of his children.

“Based on Father’s history of payment (and non-payment), we cannot say the trial court’s finding that Father was able to pay … but chose not to do so was unsupported by the evidence. Therefore, it was not clearly erroneous,” Massa wrote for the unanimous court.

“That finding supports the trial court’s judgment that Father’s consent to the adoption was not required under Indiana law; thus, the judgment is also not clearly erroneous, and we must affirm.”


 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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