Doe v. AB

949 So. 2d 602, 2007 WL 258262
CourtLouisiana Court of Appeal
DecidedJanuary 31, 2007
Docket06-1226
StatusPublished
Cited by3 cases

This text of 949 So. 2d 602 (Doe v. AB) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. AB, 949 So. 2d 602, 2007 WL 258262 (La. Ct. App. 2007).

Opinion

949 So.2d 602 (2007)

John and Jane DOE, Prospective Adoptive Parents of Baby Doucet
v.
A.B., Natural Father of Baby Doucet.

No. 06-1226.

Court of Appeal of Louisiana, Third Circuit.

January 31, 2007.

*603 Michael R. Garber, Lake Charles, LA, Sidney Joseph Rosteet, Sulphur, LA, for Plaintiffs/Appellants, John and Jane Doe, Prospective Adoptive Parents.

Edward M. Nichols Jr., Lake Charles, LA, for Defendant/Appellee, A.B.

Todd Holman Melton, Lake Charles, LA, for Appellee, Baby Doucet.

Court composed of OSWALD A. DECUIR, GLENN B. GREMILLION, and BILLY HOWARD EZELL, Judges.

GLENN B. GREMILLION, Judge.

The plaintiffs, John and Jane Doe, the prospective parents of Baby D, appeal the judgment of the trial court in favor of A.B., the natural father of Baby D. For the following reasons, we reverse and render.

FACTUAL AND PROCEDURAL BACKGROUND

Baby D was born November 3, 2005. Prior to her birth, her biological mother, C.D., who was seventeen years old, decided to put her up for adoption and a private adoption was arranged with the Does. On August 25, 2005, C.D. executed a Notice of Intent to Surrender a Child for Adoption. The notice was served on A.B. on September 8, 2005, and he filed an objection to the adoption. A hearing on the opposition was held on January 9, 2006. The trial court upheld A.B.'s objection and held that the adoption could not go forward without A.B.'s consent. Judgment was signed July 11, 2006, and the Does now appeal assigning as error the trial court's grant of A.B.'s opposition to the adoption on the ground that he was thwarted in his efforts to assume legal and physical care of the child. The Does claim that the trial court did this without considering rebuttal evidence that established that he did nothing to manifest a commitment to his parental responsibilities and that it is in the best interests of the child to terminate his parental rights and allow the adoption.

DISCUSSION

Louisiana Children's Code Article 1138 applies in this case and states (emphasis added):

A. At the hearing of the opposition, the alleged or adjudicated father must establish his parental rights by acknowledging that he is the father of the child and by proving that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of his child.
B. Proof of the father's substantial commitment to his parental responsibilities requires a showing, in accordance with his means and knowledge of the mother's pregnancy or the child's birth, that he either:
(1) Provided financial support, including but not limited to the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of pregnancy and birth, or contributions of consistent support of the child after birth; that he frequently and consistently visited the child after birth; and that he is now willing and able to assume legal and physical care of the child.
*604 (2) Was willing to provide such support and to visit the child and that he has made reasonable attempts to manifest such a parental commitment, but was thwarted in his efforts by the mother or her agents, and that he is now willing and able to assume legal and physical care of the child.
C. The child, the mother of the child, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article. However, the primary consideration shall be, and the court shall accept evidence concerning, the best interests of the child.
D. If the court finds that the alleged or adjudicated father has failed to establish his parental rights, it shall decree that his rights are terminated.
E. If the court finds that the alleged or adjudicated father has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the alleged or adjudicated father to reimburse the department, or the licensed private adoption agency, or other agency, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the mother and the child in connection with the birth of the child.

Thus, A.B. had to prove a substantial commitment to his parental responsibilities and that he is a fit parent of his child. To establish substantial commitment and fitness these three elements must be proven: "1) support; 2) visitation; and 3) ability to care for the child." In re Adoption of J.L.G., 01-269 (La.App. 1 Cir. 2/21/01), 808 So.2d 491, 493. If it is shown that the mother has thwarted the father's efforts, the father must prove that he is now willing and able to assume legal and physical care of the child and that he is fit to parent a child. La.Ch.Code art. 1138(B)(2). This showing requires more than a father coming forth and expressing his desire to raise his child. See In re Adoption of J.L.G., 808 So.2d 491. The Children's Code defines parental fitness in Article 1103(5):

(a) That a parent has not abused the child. For purposes of this Subparagraph, abuse means the infliction of physical or mental injury which causes deterioration to the child, sexual abuse, exploitation, or overworking of a child to such an extent that his health or moral or emotional well-being is endangered.
(b) That a parent has consistently offered to provide reasonably necessary food, clothing, appropriate shelter, or treatment for the child. For purposes of this Subparagraph, treatment means medical care or other health services provided in accordance with the tenets of a well-recognized religious method of healing with a reasonable, proven record of success.
c) That a parent suffers from no medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, substance abuse, or chemical dependency which makes him unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.
(d) Viewed in its entirety, the parent's past or present conduct, including criminal convictions, would not pose a risk of substantial harm to the physical, mental, or emotional health of the child.

In In re McLarrin, 38,616, p. 6 (La.App. 2 Cir. 2/4/04), 865 So.2d 317, 321-22, writ denied, 04-0595 (La.3/24/04), 871 So.2d 331, the appellate court stated (quoting Lehr v. Robertson, 463 U.S. 248, 261-62, *605 103 S.Ct. 2985, 2993, 77 L.Ed.2d 614 (1983)) (citations omitted):

The significance of the biological connection is that it offers the natural father an opportunity that no other male possesses to develop a relationship with his offspring. If he grasps that opportunity and accepts some measure of responsibility for the child's future, he may enjoy the blessings of the parent-child relationship and make uniquely valuable contributions to the child's development.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Alr & Bar
240 So. 3d 273 (Louisiana Court of Appeal, 2018)
In Re: Alr and Bar
Louisiana Court of Appeal, 2018
In re C.E.B. Applying for the Adoption of M.A.D.
161 So. 3d 811 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
949 So. 2d 602, 2007 WL 258262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-ab-lactapp-2007.