In re Adoption of Baby Boy B.
2012 Ark. 92
| Ark. | 2012Background
- J.E.M., the biological father, appeals a Faulkner County circuit court order about Baby Boy B.’s adoption.
- The court determined his consent was not required under Ark. Code Ann. § 9-9-206(a)(2).
- S.M.B., the biological mother, pursued an out-of-state adoption plan and later moved to Arkansas, concealing whereabouts.
- Appellees filed for guardianship and then adoption; J.E.M. intervened and challenged the process.
- The circuit court found J.E.M. did not establish a significant custodial, personal, or financial relationship, and granted the adoption.
- The Arkansas Supreme Court reversed and remanded, holding J.E.M.’s efforts could satisfy § 9-9-206(a)(2) despite being thwarted by the mother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consent was required under § 9-9-206(a)(2) given thwarted efforts | J.E.M. showed significant custodial/personal/financial relationship despite thwarting | XT precedent requires strict literal compliance with § 9-9-206(a)(2) | Consent required; circuit court erred in finding otherwise |
| Whether the court erred by granting the adoption without addressing unreasonably withheld consent | Consent was required and unreasonably withheld; remand needed | Under § 9-9-220, question not reached due to reversal on first issue | Unnecessary to decide; reversal on first issue vacates adoption order |
| Whether Ark. Code Ann. §§ 9-9-206 and 9-9-207 are unconstitutional | Statutes unconstitutional under federal Constitution | Preservation lacking; question not reached on appeal | Not addressed; issue not preserved for review |
Key Cases Cited
- In re Adoption of SCD, 358 Ark. 51, 186 S.W.3d 225 (Ark. 2004) (held need to determine consent when father’s strict compliance is thwarted; legislative amendments referenced)
- Lehr v. Robertson, 463 U.S. 248 (U.S. 1983) (constitutional protection for fathers extends beyond literal compliance when thwarted by mother)
- In re Glover, 288 Ark. 59, 702 S.W.2d 12 (Ark. 1986) (strict construction of the natural-parent-right statute; protect the mother’s right)
- Woodson v. Lee, 221 Ark. 517, 254 S.W.2d 326 (Ark. 1953) (strict construction principle for adoption statutes)
- Abernathy v. Baby Boy, 313 S.C. 27, 437 S.E.2d 25 (S.C. 1993) (unwed father protected when thwarted; look to good faith efforts to assume responsibility)
- In re Raquel Marie X., 76 N.Y.2d 387, 559 N.Y.S.2d 855, 559 N.E.2d 418 (N.Y. 1990) (father’s prompt avenues to establish relationship protect interest despite infancy)
- Roe v. Reeves, 392 S.C. 143, 708 S.E.2d 778 (S.C. 2011) (extends protection to those who take prompt, good-faith steps to form relationship)