In re Adoption of M.M.R.
2017 Ohio 7222
| Ohio Ct. App. | 2017Background
- Child M.M.R. born Aug. 2014 to Mother and Father (unmarried); Father died May 2015.
- Child began living with Father’s first cousin (Cousin) and her husband (Husband) in June 2015 and lived exclusively with them from July 5, 2015 onward.
- Cousin and Husband filed an adoption petition Sept. 28, 2016, and amended Oct. 20, 2016, alleging Mother failed, without justifiable cause, to provide maintenance and support for at least one year before the petition.
- At hearing, parties agreed Mother provided no financial maintenance for the relevant year; Mother acknowledged limited, intermittent work and receipt of Social Security survivor benefits for the child, which she used for her own household expenses and not shared with Cousin and Husband.
- Trial court found (by clear and convincing evidence) Mother had failed without justifiable cause to provide maintenance and support for the one-year period and therefore Mother’s consent to adoption was not required.
- Mother appealed, arguing her failure to support was justifiable (invoking precedent where informal arrangements and the adoptive parents’ financial superiority justified nonpayment).
Issues
| Issue | Mother’s Argument | Cousin & Husband’s Argument | Held |
|---|---|---|---|
| Whether Mother’s consent to adoption was required because she failed, without justifiable cause, to provide maintenance and support for at least one year before the adoption petition | Mother argued her failure was justifiable: informal caregiving arrangement, adoptive couple did not request support, and she lacked steady resources — analogous to prior cases where nonpayment was excused | Cousin & Husband argued Mother knowingly did not provide support despite receiving child-specific Social Security funds and having discretionary spending; they provided all support and had relied on that care | Court affirmed: Mother failed to provide support and did not show justifiable cause; consent not required |
Key Cases Cited
- In re Adoption of Greer, 70 Ohio St.3d 293 (Ohio 1994) (final appealability of R.C. 3107.07 determinations)
- In re Schoeppner, 46 Ohio St.2d 21 (Ohio 1976) (parental consent exceptions strictly construed)
- In re Adoption of M.B., 131 Ohio St.3d 186 (Ohio 2012) (probate court discretion on factual findings in adoption consent issues)
- In re Adoption of Masa, 23 Ohio St.3d 163 (Ohio 1986) (standard for reviewing justifiable cause under R.C. 3107.07)