In re Adoption of A.A.C., 2011 Ohio 5609

Petition for step-parent adoption filed February 19, 2010; service attempted by certified mail, unclaimed, then ordinary mail not returned.
April 2, 2010 notice sent by ordinary mail of a hearing; April 26, 2010 hearing held; Wagner did not attend and court found his consent not required, entering an interlocutory order of adoption.
June 4, 2010 Wagner moved to set aside the interlocutory order arguing lack of contact with the child; June 22, 2010 motion denied.
August 30, 2010 final decree of adoption entered; Wagner appealed September 29, and, at his request, the appeal was dismissed in December 2010.
March 29, 2011 Wagner moved to vacate the judgment, alleging he did not receive service or notice; trial court overruled without a hearing; court affirmed on appeal; court acknowledges parents’ fundamental liberty interest in child custody and care.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by denying a hearing on the motion to vacate final decree	Wagner argues lack of service/notice requires a hearing (citing Miller v. Booth)	Court permitted resolution without a hearing given the merits and evidence of service	No reversible error; no hearing required on this record
Whether due process/jurisdiction were violated due to service/notice issues	Wagner asserts he never received service or notice and thus lacks jurisdiction	Wagner voluntarily appeared, so jurisdiction and due process rights not violated	Court had jurisdiction; due process not violated; motion to vacate denied

In re Masa, 23 Ohio St.3d 163 (1986) (parental rights and strict construction of consent exceptions in adoption)
Santosky v. Kramer, 455 U.S. 745 (1982) (constitutional protections in parental termination proceedings)
In re Baby Girl Baxter, 17 Ohio St.3d 229 (1985) (protecting natural parents’ rights in adoption proceedings)
In re Schoeppner, 46 Ohio St.2d 21 (1976) (strict construction of consent requirements in adoptions)