In re Adoption of B.A.H., 2012 Ohio 4441

Appellant B.N. appeals probate court’s order finding his consent not required for adoption under RC 3107.07/B.
A.W., a 15-year-old, became pregnant in 2011 and moved to Harbor House Maternity Home in October 2011; birth on December 1, 2011; surrender of the child January 17, 2012.
B.N. was 18 at pregnancy discovery; he attended some prenatal activities, provided some baby items and meals, and attempted visits, though Harbor House limited contact.
A.W.’s parents offered to assist and even to let A.W. reside with them; B.N.’s family offered some support but did not commit to ongoing financial support.
The petition for adoption alleged B.N. failed to support and willfully abandoned A.W. during pregnancy and up to surrender.
The probate court concluded B.N. willfully abandoned the mother and failed to support the child, so his consent was not required; the order was appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether B.N. willfully abandoned or failed to support	B.N. abandoned the mother and failed to support the child	B.N. did not willfully abandon or fail to support, and he attempted contact	Yes, the court sustained the assignment, but the result should be reversed

In re K. C., 2008-Ohio-2593 (2d Dist. Montgomery (Ohio 2008)) (parental rights and consent exceptions in adoption cases)
In re Schoeppner, 46 Ohio St.2d 21 (Ohio 1976) (strict construction of consent exemptions to protect natural parents)
In re Hart, 62 Ohio App.3d 544 (6th Dist.1989) (clear and convincing standard for adoption exceptions)
In re A. U., 2004–Ohio–6219 (2d Dist. Montgomery) (assessment of manifest weight in adoption context)
C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (weight of evidence and credibility standards)