In Re Adoption of Reeves

831 S.W.2d 607, 309 Ark. 385, 1992 Ark. LEXIS 364
CourtSupreme Court of Arkansas
DecidedMay 18, 1992
Docket91-358
StatusPublished
Cited by7 cases

This text of 831 S.W.2d 607 (In Re Adoption of Reeves) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adoption of Reeves, 831 S.W.2d 607, 309 Ark. 385, 1992 Ark. LEXIS 364 (Ark. 1992).

Opinions

Tom Glaze, Justice.

This is an appeal of the probate court’s denial of Tom Watson’s petition to set aside the adoption of minor, Andrew Reeves, by Todd Reeves. Andrew’s mother, Lynne Watson, and Tom Watson were married for two years, and had one child, Dustin. The Watsons divorced in 1985, but during a reconciliation attempt, Lynn became pregnant. Andrew was born, but the couple had never remarried. Andrew used Watson as his last name. Although Tom Watson was not named as the father on the child’s birth certificate, both Lynne and Tom acknowledged that he was the father.

Todd Reeves married Lynne on November 28,1988, and one year later, petitioned the court to allow Todd to adopt Andrew. In the petition, Todd and Lynne swore that the natural father of the child was unknown. On November 2, 1989, the probate judge entered a final order allowing Todd to adopt Andrew. Tom learned of the adoption, and on February 25, 1991, filed his petition to set aside the court’s order of adoption. Tom’s petition alleged that (1) he was the father of Andrew, (2) he had significant contacts with Andrew since birth, and (3) he had not received notice of the adoption proceedings. While the trial court found that Tom had established a substantial relationship with the child, it held that Tom was not entitled to notice of the adoption proceeding under Ark. Code Ann. § 9-9-212 (Repl. 1991) or, because he was not registered in the state’s putative father registry, under Act 496 of 1989 (codified as Ark. Code Ann. §§ 9-9-207, -210, -224 and §§ 20-18-701 to -705 (Repl. 1991)).

Tom raises three issues why the probate court erred in refusing to set aside the adoption decree, but the crucial issue to be decided is whether the probate court erred in finding Tom was not entitled to notice because he had failed to register with Arkansas’s putative father registry. We affirm the trial court’s decision.

Tom’s argument largely rests upon his belief that the trial court misinterpreted the Supreme Court’s decision in Lehr v. Robertson, 463 U.S. 248 (1983). He argues the trial court wrongfully determined that, under the rationale of Lehr, Tom was not entitled to notice of Andrew’s adoption proceedings even though Tom had established a significant relationship with his son, Andrew. We do not read the trial court’s holding so narrowly.

The Lehr case involved New York’s statutory scheme which protected the unmarried father’s interest in assuming a responsible role in the future of his child. New York’s legislature enacted a law that automatically provided notice to seven categories of putative fathers that the legislature believed would include fathers who likely would have assumed some responsibility for the care of their natural children.1 Under the law, putative fathers could guarantee they could receive notice of any adoption proceedings regarding their children if they merely registered with New York’s putative father registry.

The father in Lehr did not fit within any of New York’s seven categories, nor did he otherwise show that he had established a significant relationship with his son. After reviewing the cases of Stanley v. Illinois, 405 U.S. 645 (1972); Quilloin v. Walcott, 434 U.S. 246 (1978); Caban v. Mohammed, 441 U.S. 380 (1979); and Smith v. Organization of Foster Families for Equality and Reform, 431 U.S. 816 (1977), the Lehr court concluded as follows:

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. If he fails to do so, the Federal Constitution will not automatically compel a State to listen to this opinion of where the child’s best interests lie.

The court in Lehr concluded that New York’s statutory scheme had adequately protected the putative father’s constitutional right or opportunity to develop a relationship with his offspring. The court further held that the possibility the father may have failed to register because of his ignorance of the law was not a sufficient reason for criticizing the law itself.

Tom is correct in arguing that the Court in Lehr did not assess the constitutional adequacy of New York’s procedures for terminating a developed relationship. As already discussed, the father in Lehr did not fall within any of the categories that purportedly presumed some responsibility on his part towards his child; nor did he show he had developed any such responsible relationship.

In the present case, the trial court determined Tom had established a significant relationship with Andrew because he had visited with Andrew on the same occasions he exercised visitation rights with his older son, Dustin.2 Because Tom developed this relationship, he argues he was entitled to notice of Andrew’s pending adoption proceeding even though he had failed to comply with Arkansas’s putative father registry law. In making this argument, Tom does not question, below or in this appeal, the constitutional adequacy of Arkansas’s registry law, Act 496 of 1989, as it pertains to terminating a developed relationship.3

Arkansas law allows any man, who is not legally presumed or adjudicated to be the biological father of a child, but who claims or is alleged to be the father of the child, the right to file with the state’s putative father registry. See §§ 20-18-701, -702. Upon filing, the father is entitled to a copy of any adoption; petition filed naming or involving his child. § 9-9-224(a). Under these provisions, and the facts of this case as determined by the trial judge, Tom clearly would have been entitled to notice of Todd Reeves’ petition to adopt Andrew, if Tom had complied with Arkansas’s registry law.

In sum, while Tom argues the trial court’s decision violated his due process rights because it deprived him of notice of the pending adoption of Andrew, Arkansas law, in fact, provided notice to Tom in these circumstances. Of course, whether Arkansas’s notice requirement is constitutionally sufficient is, like in Lehr, not raised here.

Also relevant but not constitutionally challenged here is Ark. Code Ann. §§ 9-9-206(a)(2) and 9-9-207(b) (Repl. 1991). These statutory provisions basically require the consent to adoption of fathers who have legally legitimated their relationship with their children, and those fathers, as well as the ones who have filed with the state’s putative father registry, are entitled to notice of a hearing on any petition seeking the adoption of their children. Of course, fathers who have legitimate children are automatically entitled to notice of such a hearing, and putative fathers must register to receive notice.

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In Re Adoption of Reeves
831 S.W.2d 607 (Supreme Court of Arkansas, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
831 S.W.2d 607, 309 Ark. 385, 1992 Ark. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-reeves-ark-1992.