THE STATE EX REL. SMITH, APPELLEE, v. SMITH, JUDGE, ET AL., APPELLANTS.
No. 95-1215
SUPREME COURT OF OHIO
April 10, 1996
75 Ohio St.3d 418 | 1996-Ohio-215
Submittеd February 20, 1996. APPEALS from the Court of Appeals for Cuyahoga County, No. 67806.
{¶ 1} Appelleе, Paula Ann Smith, was born in Zimbabwe to parents who were citizens of South Africa. Appellee subsequently became a Canadian citizen. Appellee met appellant Timothy Jоhnson while they were students attending Bowling Green State University in Ohio. At the time, appellee and her parents resided in Ohio.
{¶ 2} After appellee became pregnant as a result оf sexual intercourse occurring in Ohio, she left for South Africa in September 1993. On December 25, 1993, appellee gave birth to a son in Pretoria, South Africa. Appellee placed her child for adoption in South Africa in accordance with the law of that country, which requires the consent only of the mother of an illegitimate child to effectuate an adoption. The adoption was finalized in January 1994.
{¶ 3} In February 1994, Johnson filed a complaint in the Cuyahoga County Court of Common Pleas, Juvenile Division, to establish a parent and child relаtionship between himself and appellee’s child. As of the date Johnson filed his parentage action, appellee had returned to Ohio. Appellee moved to dismiss thе parentage action because the juvenile court lacked in personam jurisdiction over her child and the adoption had been finalized in South Africa. Appellant Judge Burke E. Smith overruled appellee’s motion. Judge Smith noted that the parties had acknowledged that Johnson had no knowledge that appellee gave birth to the child
{¶ 4} Appellee then filed a complaint in the Court of Appeals for Cuyahoga County requesting a writ of prohibition preventing Judge Smith from proceeding with the parentage action. The court of appeals permitted Johnson to intervene. Following the submission of evidence and briefs, the court of appeals granted the writ of prohibition.
{¶ 5} The cause is now before the сourt upon appeals as of right.
Mary Ann S. Johanek, for appellee.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Gregory B. Rowinski and Jeffrey I. Sherwin, Assistant Prosecuting Attorneys, for appellant Judge Burke E. Smith.
Kohrman, Jackson & Krantz and Barbara K. Roman, for appellant Johnson.
Per Curiam.
{¶ 6} Appellants assert that the court of appeals erred in granting the writ of prohibition. In order to be entitled to a writ of prohibition, appellee had to establish that Judge Smith was about tо exercise judicial or quasi-judicial authority, that the exercise of that power was unauthorized by law, and that denying the writ would have resulted in injury for which no other adequate remedy existed in the ordinary course of law. State ex rel. Sellers v. Gerken (1995), 72 Ohio St.3d 115, 116, 647 N.E.2d 807, 809. It is uncontroverted that Judge Smith was about to exercise judicial authority in proceeding with the parentage action.
{¶ 7} As to the remaining requiremеnts for a writ for prohibition, absent a patent and unambiguous lack of jurisdiction, a court having general subject-matter jurisdiction can determine its own jurisdiction, and a party challenging the court’s
{¶ 8} Juvenile courts have original jurisdiction over parentage actions.
{¶ 9} Nevertheless, the court of appeals concluded that despite Judge Smith’s basic statutory jurisdiction, the South African adoption decree divested him of jurisdiction under
{¶ 10}
“Except when giving effect to such a decree would violate the public policy of this state, a court decree terminating the relationship of pаrent and child, or establishing the relationship by adoption, issued pursuant to due process of law by a court of any jurisdiction outside this state, whether within or outside the United States, shall be recognized in this state, and the rights and obligations of the parties as to all matters within the jurisdiction of this state, including without limitation, those matters specified in section 3107.15 of the Revised Code, shall be determined as though the decree were issued by a court of this state.”
{¶ 11} In support of the court of appeals’ holding, appellee contends that an adoption decree bars subsequent parentage actions because of considerations of res judicata and standing. See, e.g., Gilbraith v. Hixson (1987), 32 Ohio St.3d 127, 512 N.E.2d 956, syllabus (“The doctrine of res judicata can be invoked to give
{¶ 12} However, assuming its applicability to the South African adoption decree,
{¶ 13} Further, it is not patent and unambiguous that the South African adoption decree is entitled to comity and the effects specified in
{¶ 14} The court of appeals determined that giving effect tо the South African adoption decree would not violate the public policy of the state because ”
{¶ 16} “Because of the finality and serious impact of adoption, the law accords protections to a natural parent when the adoption of a child is proposed. Among those protections are the right to adequate notice and an opportunity to be heard before any parental rights which may exist are terminated.” In re Adoption of Greer (1994), 70 Ohio St.3d 293, 298, 638 N.E.2d 999, 1003, citing Lehr v. Robertson (1983), 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614. Pаrents have a fundamental liberty interest in the care, custody and management of their children. In re Murray (1990), 52 Ohio St.3d 155, 157, 556 N.E.2d 1169, 1171.
{¶ 17} In the case at bar, South African law did not require any notice to the biological father of an illegitimate child to effectuate the adoption decree. Unlike the putative father in Lehr, supra, 463 U.S. at 261-262, there was no evidence that Johnson forfeited his opportunity to demonstrate a full commitment to the responsibilities of parenthood so as to waive the requirement of notice of the adoption proceeding. Therefore, it is arguаble that the South African adoption decree was not entered in accordance with due process of law and that giving effect to such decree would violate the public policy of this state.
{¶ 18} Judge Smith did not patently and unambiguously lack jurisdiction to proceed in Johnson’s parentage action, and appellee failed to establish thе
Judgment reversed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
WRIGHT, J., not participating.