D.M. v. D.R.
2011 Miss. LEXIS 172
| Miss. | 2011Background
- Danica (the natural mother) consented to Edward's adoption by her parents (the Golds) in 2005, after which the Chancery Court entered a final adoption decree; the Golds died in 2006, leaving Edward in the Martins' care under court guardianship; the chancery court later denied Danica’s custody based on abandonment and the natural parent presumption; in 2010 Danica moved for sole custody arguing the presumption applied; the Martins argued the adoption-and-abandonment cleared the presumption and sought reconsideration; this interlocutory appeal centers on whether the natural parent presumption can be asserted after a final, irrevocable adoption and after the death of adoptive parents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does adoption irrevocably terminate the natural parent presumption? | Martins: yes, irrevocable after consent | Danica: consent does not revoke rights toward others | Yes; adoption irrevocably terminates the presumption |
| Does the death of adoptive parents reinstate the natural parent presumption? | Martins: death does not restore parental rights | Danica: death of adoptive parents could restore rights | No; death of adoptive parents does not reinstate rights |
Key Cases Cited
- Ainsworth v. Natural Father, 414 So.2d 417 (Miss. 1982) (abandonment defined; settled purpose to relinquish parental claims)
- Ethredge v. Yawn, 605 So.2d 761 (Miss. 1992) (objective abandonment test under totality of circumstances)
- Grant v. Martin, 757 So.2d 264 (Miss. 2000) (natural parent relinquishment forfeits presumption on later custody petition)
- A.D.R. v. J.L.H., 994 So.2d 177 (Miss. 2008) (consent to adoption may not bar later custody contest when adoption fails or is voided)
- In re Adoption of P.B.H., 787 So.2d 1268 (Miss. 2001) (consent to adoption is valid and irrevocable absent fraud/duress/undue influence)
- In re Dissolution of Marriage of Leverock and Hamby, 23 So.3d 424 (Miss. 2009) (Albright factors; presumption yields to clear and convincing evidence of unfitness)