93 So. 3d 66
Miss. Ct. App.2012Background
- LePori sought termination of Welch's parental rights under Miss. Code Ann. § 93-15-103 to prevent Welch from benefiting from a wrongful-death action after Brandon's death.
- Brandon (illegitimate son) was born in 1988; paternity was established in 2001, with a final judgment entered in 2007.
- Brandon died in March 2008 in a work-related sewer-line collapse.
- LePori filed a termination petition in March 2009 in Forrest County Chancery Court, aimed at posthumously terminating Welch’s rights.
- Welch moved to dismiss; the chancellor dismissed, concluding § 93-15-103 cannot be applied posthumously and the petition was improper.
- LePori appealed; the issue was whether posthumous application of § 93-15-103 is permitted and whether equity supports terminating parental rights to block inheritance from the wrongful-death action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can § 93-15-103 be applied posthumously? | LePori argues grounds exist post-death under § 93-15-103(3)(f). | Welch maintains statute does not apply after death. | No; statute not applicable posthumously. |
| Does equity require terminating Welch’s rights to prevent inheritance from Brandon’s wrongful-death action? | LePori asserts equity supports blocking Welch’s inheritance. | Welch argues Wrongful Death Act and inheritance statutes govern, not § 93-15-103. | Equity does not require termination; other statutes govern inheritance. |
| Is Welch's right to inherit from Brandon controlled by the Wrongful Death Act and inheritance statutes? | LePori claims automatic linkage to § 93-15-103. | Welch must satisfy § 91-1-15 and related provisions to inherit. | Wrongful Death Act diverts to statutory heir requirements; no termination required. |
Key Cases Cited
- S.R.B.R. v. Harrison County Dep’t of Human Servs., 798 So.2d 437 (Miss. 2001) (limits grounds for termination to living children; best interest standard applies to adoption proceedings)
- Petit v. Holifield, 443 So.2d 874 (Miss. 1984) (parental rights terminated in adoption context; living child)
- Lauderdale County Dep’t of Human Servs. v. T.H.G., 614 So.2d 377 (Miss. 1992) (best interest of the child paramount in termination actions)
- Estate of Patterson v. Patterson, 798 So.2d 347 (Miss. 2001) (heir-at-law proceedings; illegitimate child context)
- Estate of McCoy v. McCoy, 988 So.2d 929 (Miss.Ct.App. 2008) (heir determination; statutory requirements for inheritance)
- New Jersey Division of Youth & Family Services v. M.W., 942 A.2d 1 (N.J. 2007) (posthumous termination under unusual equitable circumstances (persuasive)})