42 A.3d 722
Md. Ct. Spec. App.2012Background
- Sean M. was born June 16, 2009 to Moira K.; mother and purported father William H. were involved earlier but paternity unclear.
- Stepfather married Sean's mother in 2010 and petitioned for stepparent adoption on March 30, 2011; mother consented to the adoption.
- Father William H. had not been involved with Sean since birth and did not timely respond to the petition.
- A show cause order and notice of objection was issued to Father on April 15, 2011 with a 30-day objection deadline.
- Father’s objection was filed June 1, 2011, one day after the deadline; Stepfather moved to strike the late objection.
- Circuit Court granted the motion to strike and ordered the adoption proceed uncontested; Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to timely object equates to irrevocable consent. | Father contends untimely objection should not equal consent. | Stepfather argues deemed consent applies to independent adoptions. | Deemed consent applies; late objection is irrevocable. |
| Whether the deemed-consent scheme violates due process. | Father argues due process is violated and rights to society of child trump the statute. | State interest in timely permanency supports scheme; procedure is fair. | Scheme is constitutionally and procedurally valid; due process satisfied. |
Key Cases Cited
- In re Adoption/Guardianship No. 93321055, 344 Md. 458 (Md. 1997) (deemed consent irrevocable; guardianship context; later revisions maintained rationale)
- In re Audrey B., 186 Md.App. 454 (Md. App. 2009) (deemed consent not revocable; equal application to adoptions and guardianships)
- In re Joshua M., 166 Md.App. 341 (Md. App. 2005) (show cause; paternal rights and consent issues context)
- In re Victor A., 386 Md. 288 (Md. 2005) (standards of review in child custody and parental rights cases)
- In re Yve S., 373 Md. 551 (Md. 2003) (standards of review for custody and termination cases)