Tuesday, December 26, 2006
Court Overturns Adoption
Court overturns adoption
OMAHA, Neb. (AP) -- The Nebraska Supreme Court on Friday overturned the adoption of a 7-year-old boy by his stepfather, ruling that a lower court erred in saying that the consent of the boy's biological father was not needed.
The boy, identified in court records as Jaden M., was born to Tracey L. and Brian H. in July 1999. The two were not married.
At issue in the court case was Brian's failure to object to the adoption within five days of being notified, and his failure to claim paternity of the boy and file notice with the state within 30 days of the boy's birth.
Because state law says a man who claims paternity but does not take those steps can't block an adoption, the Lancaster County Court determined that the consent of the man wasn't needed.
The adoption was granted to Tracey's new husband, Ronald L., in December 2005.
But in 2002, a district court judge had determined that Brian was Jaden's biological father, ordered weekly and holiday visitation for Brian, and ordered Brian to pay child support.
So the state Supreme Court ruled Friday that the steps Brian didn't take, including not filing a paternity claim or objecting to the adoption, weren't necessary, because his paternity is not just claimed, it's proven.
Applying the law requiring those steps in this case "infringes upon Brian's constitutionally protected parental rights.
"Because he has provided support and established familial ties with his biological child, his interest in personal contact with his child has acquired substantial protection," according to the ruling.
The stepfather and mother needed Brian's consent, but did not have it, the high court said in overturning the adoption.
OMAHA, Neb. (AP) -- The Nebraska Supreme Court on Friday overturned the adoption of a 7-year-old boy by his stepfather, ruling that a lower court erred in saying that the consent of the boy's biological father was not needed.
The boy, identified in court records as Jaden M., was born to Tracey L. and Brian H. in July 1999. The two were not married.
At issue in the court case was Brian's failure to object to the adoption within five days of being notified, and his failure to claim paternity of the boy and file notice with the state within 30 days of the boy's birth.
Because state law says a man who claims paternity but does not take those steps can't block an adoption, the Lancaster County Court determined that the consent of the man wasn't needed.
The adoption was granted to Tracey's new husband, Ronald L., in December 2005.
But in 2002, a district court judge had determined that Brian was Jaden's biological father, ordered weekly and holiday visitation for Brian, and ordered Brian to pay child support.
So the state Supreme Court ruled Friday that the steps Brian didn't take, including not filing a paternity claim or objecting to the adoption, weren't necessary, because his paternity is not just claimed, it's proven.
Applying the law requiring those steps in this case "infringes upon Brian's constitutionally protected parental rights.
"Because he has provided support and established familial ties with his biological child, his interest in personal contact with his child has acquired substantial protection," according to the ruling.
The stepfather and mother needed Brian's consent, but did not have it, the high court said in overturning the adoption.
# posted by Senior Mom @ 2:32 PM 
