In Re Adoption of Baby Boy Kb
2011 OK 94
| Okla. | 2011Background
- K.B. is being considered for adoption by M.B. and V.B.; T.R. is the putative father.
- Biological mother J.B. and her husband relinquished their parental rights and consented to adoption.
- Paternity testing established T.R. as K.B.'s biological father.
- A trial court determined T.R. exercised paternal rights and contributed to the mother's support during pregnancy; adoption petition was denied.
- Adoptive parents appealed, and this Court granted review to determine eligibility for adoption without the father's consent.
- The case is remanded for a best-interest custody hearing after a ruling that K.B. is not eligible for adoption without father's consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is K.B. eligible for adoption without the father's consent? | M.B. and V.B. argued consent not required due to lack of active paternal rights. | T.R. exercised paternal rights by seeking custody and supporting the mother; thus consent is required. | Not eligible; father's rights were exercised. |
| Did T.R. automatically obtain rights as an unmarried father, or must he exercise rights? | N/A | Unmarried fathers must exercise rights; once rights are exercised, protections apply. | T.R. exercised paternal rights (paternity action and support), so his rights were protected. |
| What standard of proof governs grounds to adopt without consent in this context? | N/A | Clear and convincing evidence is required to establish grounds to adopt without consent. | The standard is clear and convincing; the evidence did not satisfy it in this record. |
| Should the matter be remanded for a best-interest custody determination? | N/A | Best-interest analysis should proceed under statute. | Remanded for a hearing on custody and best interests. |
Key Cases Cited
- In re Baby Boy W., 988 P.2d 1270 (Okla. Civ. App. 1999) (unwed father's rights depend on notice and opportunity to exercise)
- Baby Girl M., 942 P.2d 235 (Okla. Civ. App. 1997) (support during pregnancy affects eligibility to consent)
- Steltzlen v. Fritz, 134 P.3d 141 (Okla. 2006) (consent and parental rights with clear and convincing standard)
- Lehr v. Robertson, 463 U.S. 248 (Supreme Court 1983) (unwed parent's rights differ from married parents)