Bell v. Adoption of A.R.H.

654 N.E.2d 29, 1995 Ind. App. LEXIS 946, 1995 WL 455439
CourtIndiana Court of Appeals
DecidedAugust 3, 1995
Docket49A04-9411-CV-454
StatusPublished
Cited by16 cases

This text of 654 N.E.2d 29 (Bell v. Adoption of A.R.H.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Adoption of A.R.H., 654 N.E.2d 29, 1995 Ind. App. LEXIS 946, 1995 WL 455439 (Ind. Ct. App. 1995).

Opinion

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Angelic Bell appeals the denial of her petition to withdraw her consents to adoption. We affirm.

ISSUE

Whether the trial court erred in denying Bell's petition to withdraw her consents to adoption.

FACTS

In early August of 1993, 23 year-old Angelic Bell contacted Katrina Carlisle at the Coleman Adoption Agency to inquire about plac *31 ing her four oldest children for adoption. 1 Bell explained that she wanted to place the children for adoption because she was neither emotionally nor financially able to care for them. Further, Bell told Carlisle that she had been thinking of placing her children for adoption for at least a year.

On August 17, 1998, Bell met with Carlisle; Pam Allen, another Coleman employee; and Mr. and Mrs. Doe, the prospective adoptive parents. During the meeting, which lasted approximately two and one half to three, hours, Bell and the Does discussed the reasons that Bell wanted to place the children for adoption. Mrs. Doe testified that when she left the meeting, it was her understanding that Bell had made a firm decision about placing her children in a permanent adoptive home. Mr. Doe testified that Bell had con-vinceed the Does "without a shadow of a doubt that she no longer wanted the children." (R. 289). -

On August 19, 1993, Carlisle and Allen met with Donald Hinton, the children's biological father. Hinton signed consents to adoption for all four children. The next day, Friday, August 20, 19983, Bell returned to Coleman with her four children. Bell signed four documents in the presence of Carlisle and Allen. Before Bell signed the documents, Carlisle read and explained each one to her. The first document was a parental affidavit, which provided in pertinent part as follows:

I have read the Consent to Adoption Form.
The form has been explained to me by a representative of the agency.
I understand what the consent form says.
I understand that signing the consent form is a final act and that after signing, I cannot change my mind and cancel or revoke the consent.
All of my questions concerning the consent form and its significance and any other aspects of adoption and adoption procedures have been answered to my satisfaction.
I am not under the influence of any drugs, alcohol or medication which would impair my capacity to make an informed decision about my adoption plan.
No one has threatened or coerced me or made promises to me to encourage me to consent to the adoption of my child.

(R. 66). Bell checked the word "yes" after each statement and signed the document.

Bell also signed two affidavits, one naming the father of the children, and the other approving the children's placement. The second affidavit provided that Bell's "consent was freely and voluntarily given to this adoption." (R. 189). The final document was an authorization for the children's medical treatment.

After Bell had signed all of the papers, Carlisle drove Bell to the City-County Building where Bell signed two consents to adoption for each child. Each consent provided as follows:

CONSENT TO ADOPTION
ANGELIC MARIA BELL
the undersigned, being the parent and being 28 years of age, hereby consents to the adoption of [name of child] born on [date of birth]. By signing this consent, I hereby waive notice of hearing and opportunity to file objection with respect to the above named child. This consent was voluntarily executed by me without coercion or duress and without disclosure of the names or other identification of the adopting parents.

(R. 5-13). Bell signed the consents in the presence of both Carlisle and Commissioner William Fatout of the Marion Superior Court, Probate Division. Carlisle read the consents to Bell before Bell signed - them, and Commissioner Fatout testified that he always follows the following procedure:

I make reference to Indiana Code ... 31-6-5-3 and I, in fact, keep a copy of that *32 particular statute in my desk drawer. When I'm asked to witness a consent to adoption, I get that out and I go through the rights that are contained in that seetion and advise the natural parent of those rights ascertaining, after I describe each right, that the natural parent understands the right and at the conclusion of the advising of rights, I ask them do they mean to consent to the adoption of their child and if they do-if they agree to that, I ask them to sign the form and after they have signed the form, I sign an acknowledgment.

(R. 245). After Bell had signed all of the papers, she left her children at Coleman. The children were placed with the Does that same day.

Bell testified that she telephoned Coleman on Monday, August 23, and told Carlisle that she wanted her children returned to her. Carlisle acknowledges receiving a telephone call from Bell, but she denies that Bell requested the return of her children.

Seven months later, on March 21, 1994, Bell filed a Petition to Withdraw Consent to the adoptions. The trial court denied Bell's petition on July 20, 1994, and the adoptions were finalized on July 22, 1994. Bell now appeals the denial of her petition to withdraw her consents. She argues that: 1) her consent was not voluntary, and 2) it would be in the best interests of her children to permit her to withdraw her consent.

DECISION

As a reviewing court, we will not disturb the trial court's decision in an adoption proceeding unless the evidence at trial leads to but one conclusion, and the trial court reached the opposite conclusion. Williams v. Townsend (1994), Ind.App., 629 N.E.2d 252, 253. We will not reweigh the evidence, but instead will examine the evidence most favorable to the trial court's decision. Matter of Adoption of Marcum (1982), Ind.App., 436 N.E.2d 102, 103. Further, we will not assess the credibility of witnesses. In re Adoption of M.J.C. (1992), Ind.App., 590 N.E.2d 1095, 1101.

A. Consent

Bell claims that her consent was not voluntary. Specifically, Bell contends - that she "made her decision ... as a result of undue influence and, further, ... she was unaware of the facts involved as to adoption." Bell's Brief, p. 11. We disagree.

Ind.Code 31-3-1-6 provides in pertinent part as follows:

(a) [A] petition to adopt a child under eighteen (18) years of age may be granted only if written consent to adoption has been executed by:

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Cite This Page — Counsel Stack

Bluebook (online)
654 N.E.2d 29, 1995 Ind. App. LEXIS 946, 1995 WL 455439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-adoption-of-arh-indctapp-1995.