In re Adoption of E.E.R.K.
2014 Ohio 1276
Ohio Ct. App.2014Background
- N.M. appeals a probate court adoption order granting R.D.K. and M.A.K.'s petition to adopt minor E.E.R.K.
- N.M. is the putative father; S.M. (the mother) and N.M. had a brief relationship ending before birth, with N.M. denying ongoing involvement.
- E.E.R.K. was born on March 7, 2013; S.M. sought pre-placement and later filed for the Ks to adopt.
- A home study supported placement with the Ks; a pre-adoption custody order was issued and later placement was approved.
- The trial court concluded N.M.’s consent to the adoption was not required under R.C. 3107.07 because of willful abandonment or failure to support.
- N.M. argued R.C. 3107.064 barred finalization based on his putative father registry filing, and challenged the court’s consent finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether placement occurred improperly before final decree | N.M. argues the registry filing should affect final decree timing under R.C. 3107.064. | Ks contend R.C. 3107.064 governs final decrees, not initial placements. | Interlocutory placement not controlled by R.C. 3107.064; error not shown. |
| Whether the father's consent was unnecessary | N.M. contends he did not abandon or fail to support, so consent was required. | Ks and S.M. proved willful abandonment and lack of support by clear and convincing evidence. | Consent not required; the trial court’s ruling affirmed. |
Key Cases Cited
- In re B.A.H., 2012-Ohio-4441 (2d Dist. Greene No. 2012-CA-44) (willfulness abandonment and failure to support require clear and convincing proof)
- In re Schoeppner, 46 Ohio St.2d 21 (1976) (strict construction of consent exceptions to protect parental rights)
- In re A.U., 2004–Ohio–6219 (2d Dist. Montgomery Nos. 20583, 20585) (clear and convincing standard for parental consent exceptions)
- In re K. C., 2008-Ohio-2593 (2d Dist. Montgomery No. 22243) (fundamental parental rights; consent exceptions applied strict scrutiny)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (weight-of-the-evidence standard; credibility and fact-finding for manifest weight)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (reliability of witness credibility; standard for weighing evidence on appeal)