In Re the Adoption of E.A., M.A. v. D.B.
2015 Ind. App. LEXIS 613
Ind. Ct. App.2015Background
- E.A. was born in 2009; M.A. (Appellant) signed a paternity affidavit at birth but was incarcerated shortly thereafter and was largely absent from the child’s life after July 2010.
- Mother married D.B. (Adoptive Father) in 2011; Adoptive Father lived with and parented E.A. beginning in 2010; E.A. called him “Dad.”
- Adoptive Father filed to adopt E.A. in October 2013, alleging abandonment, lack of support/communication for at least one year, and failure to establish paternity through the registry.
- Appellant contested the adoption, asserting he sent letters and a birthday card, attempted phone contact but lacked Mother’s updated number, and that Mother or her family thwarted his efforts.
- At the adoption hearing, the trial court found Appellant had not communicated significantly for the statutory period, was unfit as a parent, and that dispensing with his consent was in E.A.’s best interests.
- The Court of Appeals affirmed, relying primarily on the statutory ground that Appellant failed without justifiable cause to communicate significantly for at least one year while able to do so.
Issues
| Issue | Plaintiff's Argument (Appellant) | Defendant's Argument (Adoptive Father) | Held |
|---|---|---|---|
| Whether the trial court erred in granting the adoption over Appellant's objection by dispensing with his consent under the statutory grounds | Appellant says he signed paternity affidavit, sent letters and a birthday card, attempted phone contact, and that Mother or her family blocked or avoided his efforts; incarceration limited but did not bar communication | Adoptive Father says Appellant largely chose not to communicate, had means to contact (address, mail forwarding, counsel/court), and made only limited efforts; lack of contact was voluntary and statutory grounds are met | Court affirmed: clear and convincing evidence Appellant failed without justifiable cause to communicate significantly for ≥1 year while able to do so; consent not required and adoption approved |
Key Cases Cited
- In re Adoption of T.L., 4 N.E.3d 658 (Ind. 2014) (standard of review and deference to trial court findings in adoption proceedings)
- In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) (statute’s disjunctive grounds for dispensing with parental consent; best-interest requirement)
- Matter of Adoption of Herman, 406 N.E.2d 277 (Ind. Ct. App. 1980) (incarceration alone does not establish abandonment; context of communication matters)
- Lewis v. Roberts, 495 N.E.2d 810 (Ind. Ct. App. 1986) (incarcerated parent’s persistent efforts to write, send cards/gifts, and request visits can defeat abandonment/insignificant-communication finding)
- In re Involuntary Termination of Parental Rights of S.P.H., 806 N.E.2d 874 (Ind. Ct. App. 2004) (court may decline to delay permanent placement to wait on a recently released parent's uncertain rehabilitation)