In Re Adoption of Baby Boy Kb
2011 OK 94, 264 P.3d 1258 (2011)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
An unwed biological father's consent is required for the adoption of his child if he has exercised his parental rights, which includes providing financial support to the mother during her pregnancy to the extent of his ability.
Facts:
- T.R. and J.B. were in a physical relationship while J.B. was married to another man.
- J.B. became pregnant, and T.R. was later determined to be the biological father.
- During the pregnancy, T.R. gave J.B. monetary support.
- The child, K.B., was born on July 11, 2010.
- J.B. and her husband relinquished their parental rights, consented to the adoption, and selected M.B. and V.B. as the prospective adoptive parents.
- K.B. was placed with M.B. and V.B. directly from the hospital.
- On July 15, 2010, T.R. learned from J.B. that she had given birth and had placed the child for adoption.
- Upon learning this, T.R. immediately contacted an attorney to assert his parental rights.
Procedural Posture:
- Shortly after K.B.'s birth, T.R. filed a motion for determination of paternity in the trial court in Ellis County.
- The parties stipulated in the trial court that genetic testing established T.R. as the natural father.
- The trial court initially denied T.R.'s request for custody but granted him visitation rights.
- The prospective adoptive parents, M.B. and V.B., filed a motion in the trial court to terminate T.R.'s parental rights.
- After a hearing, the trial court denied the motion to terminate, finding T.R. had exercised his paternal rights and made monetary contributions to the mother.
- The trial court then denied the petition for adoption filed by M.B. and V.B.
- M.B. and V.B., as appellants, appealed the trial court's denial of the adoption petition to the Supreme Court of Oklahoma.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Is a child eligible for adoption without the consent of the unwed biological father when the father provided some financial support to the mother during pregnancy and took immediate legal action to establish paternity upon learning of the child's birth?
Opinions:
Majority - Colbert, V.C.J.
No. The child is not eligible for adoption without the consent of his biological father. The law presumes a natural parent's consent is necessary for adoption. Although an unwed father's rights are not automatic, he can secure them through his conduct. Under Oklahoma statute § 7505-4.2(C)(1), a father's consent is not required only if he fails to exercise parental rights, including failing to contribute to the mother's support during pregnancy. Here, the trial court found as a matter of fact that T.R. did provide monetary support to the mother and took immediate action to assert his parental rights upon learning of the child's birth. The sufficiency of such support is a fact-driven determination for the trial court, and there was no abuse of discretion in its finding. Because T.R. exercised his parental rights, his consent is required for the adoption.
Analysis:
This decision reinforces the principle that an unwed father's parental rights are dependent on his actions, not merely his biological connection. It establishes that providing financial support during pregnancy, coupled with swift legal action to assert paternity after birth, is sufficient to preserve the father's right to consent to an adoption. The ruling places the burden of proof on the prospective adoptive parents to show a complete failure of parental responsibility by the father. It also highlights the significant discretion afforded to trial courts in making the fact-intensive determination of what constitutes sufficient financial support under the circumstances.
Unlock the full brief for In Re Adoption of Baby Boy Kb