264 P.3d 1258
Okla.2011Background
- K.B. was born July 11, 2010 to J.B. (unmarried) and TR., who was later determined to be the biological father.
- J.B. and her husband relinquished their parental rights and consented to adoption by MB and VB after K.B.’s birth.
- TR. promptly sought paternity and custody; paternity was established by genetic testing.
- Trial court found TR. clearly exercised paternal rights and contributed to the mother during pregnancy.
- Consent to adoption was sought from MB and VB without TR.’s consent; they petitioned to adopt without consent.
- Trial court denied the petition; on appeal the court affirmed the denial and remanded for a best-interest custody hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is TR. eligible to block adoption without MB/VB consent? | MB/VB argue no; TR. failed to exercise rights or support. | TR. contends he exercised paternal rights and provided support. | TR. exercised rights; adoption without consent not allowed. |
| What level of monetary support during pregnancy suffices? | Support shown is insufficient/unclear. | Court should consider amount as extent of financial ability. | Sufficiency of support is a fact issue for trial. |
| What standard governs adoption without consent? | Clear and convincing evidence required to prove grounds to adopt without consent. | Same standard applies; burden on MB/VB to prove grounds. | Clear and convincing standard applies. |
Key Cases Cited
- In re Baby Boy W., 988 P.2d 1270 (Okla. 1999) (unwed father’s rights require notice and opportunity to exercise rights when father not notified)
- Baby Girl M., 942 P.2d 235 (Okla. Civ. App. 1997) (amount of support depends on father's financial ability; fact-specific)
- Steltzlen v. Fritz, 134 P.3d 141 (Okla. 2006) (consent to adoption requires clear and convincing evidence of grounds)
- Lehr v. Robertson, 463 U.S. 248 (U.S. Supreme Court 1983) (unwed fathers' rights may differ from married parents’)
- Adoption of Baby Girl M, 942 P.2d 235 (Okla. Civ. App. 1997) (parental rights dynamic for out-of-wedlock birth and notice)
- State v. Vaughn, 11 P.3d 211 (Okla. 2000) (abuse of discretion standard in appellate review)