Adoption of I.R.R.
2013 ND 211
| N.D. | 2013Background
- Child born Feb. 2010 to unmarried parents; father was incarcerated in Oct. 2009 and remained so through the proceedings.
- Mother obtained a domestic violence protection order in Dec. 2009 restricting the father’s communications and proximity; order required supervised visitation at father’s expense.
- Mother married adoptive father (Jan. 2011); in Oct. 2012 they petitioned to terminate the biological father’s parental rights and to adopt the child.
- Father sent one letter in March 2011 (returned by mother); father did not request visitation, did not provide child support, and had no in-person contact with the child.
- Father’s mother sent gifts and attempted contact but mother returned gifts and limited communications to avoid confusing the child.
- District court found father had contact info for mother’s attorney since 2011 but made no effort to use it; court concluded father significantly failed, without justifiable cause, to communicate with or manifest a parental interest and terminated his parental rights and approved the adoption.
Issues
| Issue | Plaintiff's Argument (Mother/Adoptive) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether the father, while incarcerated and subject to a protection order, significantly failed without justifiable cause to communicate with or manifest a significant parental interest, making his consent to adoption unnecessary | Father abandoned the child by no contact (only one returned letter), no visitation, and no support — termination appropriate | Protection order and incarceration prevented meaningful contact; mother actively thwarted attempts (returned correspondence, refused visits) so failure was justified | Court held father abandoned the child: incarceration/protection order did not excuse failure to take affirmative steps (e.g., contact mother’s attorney); termination and adoption affirmed |
Key Cases Cited
- In re Adoption of H.R.W., 689 N.W.2d 403 (N.D. 2004) (factors for abandonment include contact, care, affection, intent, and parental obligations)
- In re Adoption of H.G.C., 761 N.W.2d 565 (N.D. 2009) (clear-and-convincing proof required; incarceration alone insufficient to establish abandonment)
- In re Adoption of S.R.F., 683 N.W.2d 913 (N.D. 2004) (appellate standard: factual findings reviewed for clear error)
- Matter of Adoption of A.M.M., 529 N.W.2d 864 (N.D. 1995) (parental rights require an enduring relationship beyond biological ties)
- In re A.M.W., 786 N.W.2d 727 (N.D. 2010) (parent under incarceration or protection order must make greater efforts to foster parent–child relationship)