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Trial court correctly ruled mother’s consent needed for adoption

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The Indiana Court of Appeals noted in a decision Monday that the state adoption statute is a bit of a “puzzle” before affirming the lower court’s decision to deny a woman’s attempt to adopt her fiancé’s child. But it found the fiancée may file another petition for adoption if she so chooses.

Fiancée R.S.P. filed a petition to adopt J.T.A., who is the son of her fiancé J.M.A. and S.S. The father was granted custody of the boy when the child was about 3 years old due to mother’s drug use, and S.S. was ordered to pay child support. R.S.P. and J.M.A. have two children together and R.S.P. wanted to adopt the boy because she was concerned if something happened to J.T.A., she would lose the child and his life would be turned upside down. The father consented to the petition. Jasper Circuit Judge John D. Potter denied the fiancée’s petition on the mistaken belief that because the couple was not married at the time of the hearing, if the adoption were granted then both the biological mother's and father’s parental rights would be severed.

In In the Matter of the Adoption of J.T.A.; R.S.P. v. S.S., 37A03-1212-AD-525, the Court of Appeals pointed to In re Adoption of K.S.P., 804 N.E.2d 1253, 1260 (Ind. Ct. App. 2004), to support its decision. Neither R.S.P. nor J.M.A. wanted to have his parental rights terminated by the adoption.

“… (I)t would be absurd and contrary to the intent of the legislature to divest Father of his parental rights where he would continue to live in a family unit with the Child and parent the Child. Father’s parental rights would not have been terminated had the adoption been granted,” Chief Judge Margret Robb wrote.

R.S.P. argued that the mother didn’t have to consent to the adoption because she had abandoned her child and/or failed to pay support. The record supports that mother had regular contact with her child in the six moths before the filing of the adoption petition and that she did not intend to relinquish all parental claims.

Robb also pointed out that the burden falls on R.S.P. to prove that the failure to support ground was met so that the mother’s consent was not required. The record is silent on her ability to provide during the six years that she was ordered to pay support and did not do so.

The COA also rejected R.S.P.’s claim that the mother’s consent was implied because she didn’t consent to the adoption within 30 days of receiving notice. But the adoption statute seems to have been written with the assumption that a mother would give up her child for adoption and that notice would be given to the father. The statute is not gender-neutral and appears on its face not to apply to the mother.

“However, we do not believe that it could be the intent of the legislature to have numerous and detailed requirements for notice to fathers and putative fathers but few or no notice requirements for mothers,” Robb wrote.

There’s no indication that S.S. was ever notified that she needed to consent to the adoption within 30 days or her consent would be implied. Without proper or complete notice, the clock never began ticking on any requirement for her to consent, the court concluded.

Nothing in this decision prevents R.S.P. from filing another petition to adopt the child, the court pointed out.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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