In re Adoption of K.B.D.
982 N.E.2d 872
Ill. App. Ct.2012Background
- Vicki appeals termination of parental rights in a contested adoption of nine-year-old K.B.D. by Aaron and Jennifer, who are unmarried; issue is whether they had standing to petition under the Adoption Act.
- Petition to adopt was filed Jan 5, 2010, listing Aaron and Jennifer as petitioners, with Aaron having sole custody and consent to adopt.
- Amended petitions added depravity as ground for unfitness; Colorado custody order and Dr. Nicholos’ recommendations were incorporated into the record.
- Guardian ad litem supported adoption; Vicki repeatedly challenged pleadings, service, and notices; various motions and hearings occurred from 2010 through 2012.
- Trial court found Vicki unfit for depravity and failure to maintain contact, terminated her rights, and granted adoption in best interests; the appellate court reviewed standing and fitness.
- Court ultimately affirmed the termination of parental rights and adoption in the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aaron and Jennifer had standing to adopt | Vicki: unmarried couple cannot adopt | Aaron and Jennifer rely on liberal construction allowing unmarried co-petitioners | Standing affirmed |
| Whether Vicki’s depravity finding is supported by clear and convincing evidence | Vicki: no proven depravity | Court properly found depravity from conduct and Internet postings | Not against the manifest weight; depravity upheld |
Key Cases Cited
- In re Petition of K.M., 274 Ill. App. 3d 189 (1995) (liberal construction allows unmarried petitioners to adopt under 750 ILCS 50/1(B))
- In re Adoption of G.L.G., 307 Ill. App. 3d 953 (1999) (unfitness standard and review of fitness)
- In re J.A., 316 Ill. App. 3d 553 (2000) (deference to trial court on credibility and fitness determinations)
- In re Baby Girl Casale, 266 Ill. App. 3d 656 (1994) (depravity can be shown by series of acts indicating moral deficiency)