Dm v. Dr
62 So. 3d 920
Miss.2011Background
- Danica (birth mother) gave birth to Edward; Fred was biological father; they were not married.
- 2005: Danica's parents (the Golds) petitioned to adopt Edward; Danica and Fred joined the petition and relinquished parental rights upon adoption.
- Final decree of adoption entered the same day, waiving waiting period per Miss. Code § 93-17-13; Golds later died (2006).
- Edward’s guardianship and custody tangled among Danica and paternal grandparents (the Martins) after the Golds’ deaths; chancery court appointed a guardian ad litem and temporary guardian; Martins granted temporary custody in 2007 and permanent guardianship in 2007 final judgment.
- 2009 court ordered visitation with Danica and MAV-P supervision; 2010 Danica moved for sole custody claiming natural-parent presumption; Martins sought reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether adoption irrevocably terminates the natural-parent presumption | Danica: presumption remains unless abandonment proven | Martins: surrender via adoption terminates presumption | Adoption irrevocably terminates rights, extinguishing the presumption |
| Does death of adoptive parents reinstate natural-parent rights | Danica: death of adoptive parents should revert status to natural parent | Martins: irrevocable termination not revived by death | Death of adoptive parents does not reinstate natural-parent rights or presumption |
| Application of A.D.R. v. J.L.H./Grant v. Martin principles to relinquishment | Danica's consent to adoption not a blanket surrender of all parental rights | Martins: consent to adoption forecloses later reliance on presumption | Consent to adoption generally irrevocable; prior decisions support forfeiture of presumption |
Key Cases Cited
- Stanley v. Illinois, 405 U.S. 645 (U.S. 1972) (parental liberty interest depends on relationship, not just biology)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (state visitation statutes must meet heightened scrutiny when restricting parenting rights)
- Ainsworth v. Natural Father, 414 So.2d 417 (Miss. 1982) (definition and test for abandonment for natural-parent presumption)
- Grant v. Martin, 757 So.2d 264 (Miss. 2000) (relinquishment of custody to grandparents forfeits natural-parent presumption)
- In re Adoption of P.B.H, 787 So.2d 1268 (Miss. 2001) (irrebuttable validity of consent to adoption absent fraud/undue influence)
- Ethredge v. Yawn, 605 So.2d 761 (Miss. 1992) (abandonment test objective totality of circumstances)
- Leverock v. Hamby, 23 So.3d 424 (Miss. 2009) (presumption v. Albright factors after abandonment or unfitness findings)
- A.D.R. v. J.L.H., 994 So.2d 177 (Miss. 2008) (consent to adoption by specific individuals may not bar later custody contest if adoption voided)