Matter of Adoption of Baby Girl M.
942 P.2d 235 (1997)
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Rule of Law:
An unwed biological father's constitutionally protected opportunity to establish a parental relationship requires him to take affirmative action, including providing financial support to the mother during her pregnancy to the extent of his ability. Failure to do so can result in a court finding his consent unnecessary for an adoption under Oklahoma law, which is not unconstitutionally vague.
Facts:
- Biological Father (Father) and Biological Mother (Mother), both high school students, began dating in Spring 1994.
- On October 12, 1994, Father paid for a pregnancy test which confirmed Mother was pregnant.
- Following the positive test, Father proposed marriage to Mother on at least two occasions, but she declined.
- Father made a single, conditional offer of financial assistance, stating he would help "if she needed it," which Mother also declined.
- In November 1994, Father broke off his relationship with Mother.
- Throughout the pregnancy, Father was employed but did not contribute to Mother's medical or living expenses, instead spending most of his earnings on cars.
- Father responded negatively to Mother's later requests for financial help, at times denying paternity and refusing to contribute until he was certain the child was his.
- The child, Baby Girl M., was born on June 8, 1995.
Procedural Posture:
- Prospective adoptive parents filed a petition in the trial court to adopt Baby Girl M.
- The biological mother consented to the adoption.
- The prospective adoptive parents then petitioned the trial court to finalize the adoption without the biological father's consent.
- The trial court held a hearing and entered an order finding the biological father's consent was not necessary for the adoption.
- The biological father (Appellant) appealed the trial court's order to the Oklahoma Court of Civil Appeals.
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Issue:
Under Oklahoma law, is an unwed biological father's consent required for an adoption when he had knowledge of the pregnancy but failed to provide financial support to the mother or take legal action to establish his paternity?
Opinions:
Majority - Joplin, J.
No. An unwed biological father's consent for adoption is not required when he fails to grasp his parental opportunity interest by taking affirmative action. The court found that the Oklahoma statute, 10 O.S. § 60.6(3), is not unconstitutionally vague and requires more than a mere biological link to protect parental rights. To gain the right to consent to an adoption, a father must demonstrate a full commitment to parental responsibilities, which includes acknowledging paternity, taking legal action to establish it, and exercising parental duties. The court interpreted the statute to mean that these actions must be accompanied by financial support for the mother during her pregnancy. In this case, Father's marriage proposals and a single conditional offer of support were insufficient. Despite having the financial ability, he failed to provide any consistent support to the mother during her pregnancy and took no legal steps to establish paternity even after the child's birth, thereby failing to grasp his constitutionally protected opportunity interest.
Analysis:
This decision solidifies the principle that an unwed father's parental rights are not automatic but must be earned through tangible actions demonstrating a commitment to parental responsibilities. By interpreting Oklahoma's statute to require financial support during pregnancy as a key component of exercising parental duties, the court set a clear, albeit high, standard. The ruling emphasizes that the 'opportunity interest' of an unwed father is perishable and can be lost through inaction. This precedent will guide future cases by focusing the factual inquiry on the father's concrete contributions and efforts during the pregnancy, rather than on mere intentions or gestures.
