In Re Adoption of Gdj, 2011 OK 77

Pearsons sought to adopt G.D.J., a child alleged to have Seminole Nation/native ties, via an AWOC petition and an adjudication of eligibility without the natural mother’s consent.
Natural mother Tessia Stubbs contested adoption, challenging ICWA applicability and seeking to defend her parental rights.
Trial court issued two August 11, 2010 orders addressing failure to support and failure to maintain a relationship, and a December 2, 2010 order adjudicating eligibility without consent.
Evidence showed Stubbs paid no child support during the relevant 14-month window (Aug 21, 2007–Oct 21, 2008) and had limited, often non‑positive contact with G.D.J.; Pearsons provided most support and had custody of the child.
Seminole Nation intervened; ICWA notice was given; FA 2009-24 later produced a prior adjudication of eligibility in the same child but the court held such evidence did not bar the present proceeding; appeal consolidated and the petition for adoption without consent proceeded to resolution.
Trial court found clear and convincing evidence Stubbs failed to support or maintain a substantial and positive relationship during the relevant period; Stubbs timely appealed; this Court held the August 11, 2010 orders were final and appealable and affirmed in part, reversed in part, allowing the adoption process to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to provide support supports adoption without consent	Stubbs argues no support due to no explicit order	Pearsons rely on lack of explicit order and Slover v. Smith interpretation	Trial court erred in relying on lack of support; cannot find failure to support under acknowledged order.
Whether failure to establish/maintain a substantial and positive relationship supports adoption without consent	Stubbs was denied opportunities; sought sufficient legal action	Pearsons showed limited contact and presence of felons; relationship not substantial	Court affirmed the findings that Stubbs failed to establish/maintain a substantial and positive relationship.
ICWA burden and standard of proof in adoption without consent	ICWA requires beyond reasonable doubt; adoption without consent may be termination	Oklahoma law requires clear and convincing; ICWA’s beyond-reasonable-doubt applies only to termination	Adoption hearing uses clear and convincing standard; beyond reasonable doubt only relevant to termination under ICWA; trial court’s standard applied correctly.
Subject-matter jurisdiction given prior FA 2009-24 adjudication	Prior adjudication precludes adjudication again; lack of jurisdiction	Different timeline; admissible evidence; no bar to proceeding	Trial court had jurisdiction; admissibility of FA 2009-24 matters did not defeat jurisdiction.

Slover v. Smith, 765 P.2d 1202 (Okla. 1988) (no support obligation barred when no explicit order to pay)
Merrell v. Merrell, 712 P.2d 35 (Okla. 1985) (clear and convincing standard proper for adoption consent issues)
In the Matter of the Adoption of J.R.M., 899 P.2d 1155 (Okla. 1995) (recognizes consent issues and standard of review)
In Re: A.N.O., A Minor Child, 91 P.3d 646 (Okla. 2004) (confirms evidentiary standards and review in adoption matters)
R.L.A., In re Adoption of, 147 P.3d 306 (Okla. Civ. App. 2006) (adoption without parental consent does not necessarily terminate parental rights)
Newell v. Nash, 889 P.2d 345 (Okla. Civ. App. 1994) (prejudicial error not found solely from missing labeling of findings)