A. H. v. W. R. L.

482 S.W.3d 372, 2016 Ky. LEXIS 14, 2016 WL 671932
CourtKentucky Supreme Court
DecidedFebruary 18, 2016
Docket2015-SC-000247-DGE
StatusPublished
Cited by6 cases

This text of 482 S.W.3d 372 (A. H. v. W. R. L.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A. H. v. W. R. L., 482 S.W.3d 372, 2016 Ky. LEXIS 14, 2016 WL 671932 (Ky. 2016).

Opinion

OPINION OF THE COURT BY

JUSTICE CUNNINGHAM

Beginning in 2005, Amy and Melissa1 were in a committed same-sex relationship [373]*373with ■ each other. Soon thereafter, they decided to have a child together. The couple resorted to artificial insemination.The procedure was successful. Melissa became pregnant and, on September 29, 2006, gave birth to Laura.2 Amy was present for Laura’s birth. Laura was given Amy’s surname. Amy was intimately involved in all aspects of Laura’s life.

The couple and Laura lived together as a family in Cincinnati, Ohio, until Melissa and Amy separated in February 2011. Although Melissa and Laura moved to Kentucky, Amy continued to spend time -with Laura. ■ In May 2012, Melissa married Wesley. On April 15, 2014, Wesley filed a petition for stepparent adoption of Laura in the Kenton County Family Court. On April 24, 2014, Amy filed a Petition for Shared Custody and. Visitation in Hamilton County, Ohio. Amy, who was not named as a party in the Kenton County case; moved to intervene-and to have the adoption action dismissed in light of her pending custody petition.

It was determined that the .Kenton County Family Court would maintain jurisdiction over all matters of custody. The trial court heard oral arguments on Amy’s motion to intervene and subsequently granted that motion. The court also dismissed the adoption action. _

The Court of Appeals reversed, holding that Amy did not have standing to seek adoption. The ■ court remanded with instructions to reinstate the adoption proceeding.’ Having reviewed the record and the law, we reverse the Court' of Appeals’ opinion and reinstate the trial court’s order permitting Amy’s intervention as well as the order dismissing the step-parent adoption action.

Analysis

This-case is not about same-sex relationships, changing socidl mores or notions about definition of family, or life styles. It is not about standing. This case has been needlessly complicated by the injection of these considerations. A facial application of our civil rules would have avoided the result the Court of Appeals appears to have lamented.

This is a case about people and their ability to participate in a lawsuit'in which the outcome may adversely affect their interest! What we write here today applies equally to a myriad of human-relationships including heterosexual parenting,boyfriends, girlfriends, grandparents, and others. Most importantly, this case -is about Laura. Sometimes the emotions which envelope these types of cases cause this primary concern to be overlooked. Standard of Review

We review the trial court’s order granting intervention for clear error. Ashland Public Library Bd. Of Trustees v. Scott, 610 S.W.2d 895, 896 (Ky.1981); see also Carter v. Smith, 170 S,W.3d 402, 409 (Ky.App.2004). Applying this standard, we will only set aside the trial court’s findings if those findings are clearly erroneous. Moore v. Asente, 110 S.W.3d 336, 353-54 (Ky.2003) (citations omitted). Thus, we must determine whether the findings are supported by substantial evidence. Id.

Intervention v. Standing

The Court of Appeals began its analysis by discussing the often ’vexing distinction between intervention and standing. The court then proceeded -to erroneously misapply these two concepts. In an attempt to avoid' additional confusion, we will refrain from belaboring'this [374]*374issue further. However, we must note that standing and intervention are two distinct concepts, and that standing., to seek adoption is not a condition for intervening in an adoption proceeding. Our analysis is concerned ,only with Amy’s right to,intervene in the adoption action. In resolving this question, we need look no further than CR 24.01.

CR 24.01

CR 24.01 is entitled “Intervention of right.” .Although the trial court did not directly cite this rule in its order, the court clearly, applied the rule, which states .in pertinent part:

1) Upon timely application anyone shall be permitted to intervene in an action (a) when a statute confers an unconditional right to intervene, or (b) when the applicant claims an interest relating to the property or transaction which is the subject of the action and is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect’ that' interest, unless that interest is adequately represented by existing parties. (Emphasis added)

Subsection (b) is applicable to the present case. Applying that provision here, the subject of the adoption action is Laura, and Amy is claiming a cognizable legal interest — i.e, maintaining a relational connection with the child, either through custody or visitation. Furthermore, an order granting Wesley’s adoption petition could impair or impede Amy’s proffered custodial interest since, absent her intervention, the adoption proceedings would have concluded before her custody rights were determined. In contrast, if Amy were to gain joint custody, prior to the adoption proceedings, then she would share the right to make decisions concerning the major aspects of Laura’s upbringing. As noted by the trial court, adoption “clearly would be classified as a major decision concerning the-child’s upbringing.” Thus, Amy has satisfied the requirements set forth in CR. 2401(b). -

It is unnecessary to determine whether Amy will ultimately succeed in her custody petition. That is an issue for the trial court. Recognizing the potential impact of this case on future litigants, however, it is necessary to provide clarification on the scope of our holding and specifically, what constitutes a sufficient “interest” for purposes of intervening in an adoption proceeding.

' Based on the facts of this'casé, Amy has asserted a cognizable custodial interest. See Baker v. Webb, 127 S.W.3d 622 (Ky.2004) (holding that child’s biological relatives had a sufficient, cognizable legal interest in an adoption proceeding to be entitled to intervene as a matter of right). In addition .to the facts previously discussed, it is also noteworthy -that, prior to her artificial insemination,' Melissa prepared a document that was signed by the sperm donor, in which the donor disclaimed any parental interest in the unborn child. That agreement also affirmatively recognized Amy as the other parent of the unborn child.

Much has been argued about the legality of and enforceability of that agreement. While not dispositive, the written agreement is certainly instructive evidence demonstrating the intent of Amy and Melissa to raise Laura as coparents. That action, along with the host of other facts estaba lishing Amy’s involvement with the child in the capacity of a parent, indicate that Melissa fostered and encouraged Amy’s relationship with Laura for years. This level of association and collaboration in the creation and rearing of a child cleaiiy indicates a cognizable legal interest for purposes of intervening in an adoption pro[375]*375ceeding. See Mullins v. Picklesimer, 317 S.W.3d 569

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482 S.W.3d 372, 2016 Ky. LEXIS 14, 2016 WL 671932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-h-v-w-r-l-ky-2016.