In Re: Adoption of: H.G.B., Appeal of: A.A.W.
1125 WDA 2024
Pa. Super. Ct.Mar 11, 2025Background
- Father (A.A.W.) and Mother (M.C.B.) were never married; their relationship ended before their child, H.G.B., was born in December 2017.
- A 2018 custody order granted shared legal custody, with Mother retaining primary physical custody and Father having supervised partial physical custody.
- Mother and Stepfather (L.P.) petitioned in August 2023 to terminate Father’s parental rights under 23 Pa.C.S. § 2511(a)(1) and (b), alleging Father failed to perform parental duties and lacked a bond with Child.
- Hearing evidence showed Father had minimal and inconsistent contact with Child, did not participate in Child's education or medical care, and provided little financial support, while Child was bonded to Stepfather.
- The orphans’ court terminated Father’s parental rights, finding no meaningful bond existed and termination was in Child’s best interests; Father appealed.
Issues
| Issue | Father's Argument | Mother/Stepfather's Argument | Held |
|---|---|---|---|
| Did Father fail/refuse to perform parental duties and evidence a settled purpose of relinquishing parental claim? | Father tried to see his child, but faced barriers; claimed he welcomed Child whenever possible and obstacles limited interaction. | Father made no significant efforts to maintain relationship; offered little support; Mother and Stepfather met all needs. | Father failed to perform duties or maintain a bond, despite barriers; sufficient for termination. |
| Did the court fail to consider Child’s best interests and the impact of terminating Father’s rights? | Termination would harm Child and deny opportunity for renewed relationship; urged increased visitation instead. | No bond existed; Child uncomfortable with Father and strongly bonded with Stepfather; termination would provide stability. | Termination serves Child’s best interests; no evidence of meaningful, necessary bond with Father. |
Key Cases Cited
- In re Adoption of C.M., 255 A.3d 343 (Pa. 2021) (sets forth standards for appellate review in parental rights termination)
- In re Adoption of L.A.K., 265 A.3d 580 (Pa. 2021) (discusses parental duty and barriers in involuntary termination cases)
- In re T.S.M., 71 A.3d 251 (Pa. 2013) (addresses consideration of child’s needs and welfare in termination proceedings)
- In re Adoption of B.G.S., 245 A.3d 700 (Pa. Super. 2021) (review standard for factual findings and credibility)