In re Adoption of S.R.A.

938 N.E.2d 432, 189 Ohio App. 3d 363
CourtOhio Court of Appeals
DecidedSeptember 21, 2010
DocketNo. 09AP-1096
StatusPublished
Cited by6 cases

This text of 938 N.E.2d 432 (In re Adoption of S.R.A.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals 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 S.R.A., 938 N.E.2d 432, 189 Ohio App. 3d 363 (Ohio Ct. App. 2010).

Opinion

Connor, Judge.

{¶ 1} Appellant, J.J., appeals from an entry of the Franklin County Court of Common Pleas, Probate Division, affirming the magistrate’s decision, which overruled appellant’s motion to dismiss and/or stay the adoption petition of appellee, R.A., and appellant’s objection to the petition for adoption, determining that appellant’s consent to the adoption was not required. Because the judgment from which appellant has appealed is not a final, appealable order, we dismiss this appeal for lack of jurisdiction.

{¶ 2} H.A.1 had a relationship with both appellant and appellee around July 2005. On March 17, 2006, H.A. gave birth to the minor child, S.R.A. At birth, appellee signed an acknowledgment of paternity pursuant to R.C. 3111.23. Appellee was also listed as the father on the minor child’s birth certificate. H.A. informed appellant that he (appellant) was not the father of the minor child. Appellee and H.A. were married on June 30, 2006.

[367]*367{¶ 3} On May 14, 2009, appellant filed a parentage action in Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, claiming that he is the biological father of S.R.A.

{¶ 4} On June 18, 2009, appellee filed his petition to adopt the minor child. H.A., the mother of the minor child, also filed a consent to the adoption. Appellee later filed a Putative Father Registry Certification from the Ohio Department of Job and Family Services. The certification stated that following a search using the name of the child, mother, and father, no putative father is registered. On July 10, 2009, appellant filed an objection to the petition for adoption/motion to dismiss/motion to stay.

{¶ 5} A hearing was held before a magistrate on August 17, 2009, at which appellee and appellant both testified. Appellant testified that he had received a phone call from H.A. in 2005 notifying him that she was approximately three or four weeks pregnant. Appellant believed that he was the father of the unborn child, but in later conversations, H.A. informed appellant that appellee was the father. Appellant testified that H.A. informed him that a paternity test had been conducted following the minor child’s birth, and that appellee was determined to be the father. He testified that H.A. also had informed him that appellee was listed as the father on the birth certificate. As a result of these conversations, which he asserts fraudulently led him to believe he was not the father, appellant testified that he decided not to file with the Putative Father Registry and, in turn, waited three years before filing a paternity action. However, appellant also testified that he continued to believe he was S.R.A.’s father.

{¶ 6} Appellee testified that he believed he was the father of S.R.A. during the pregnancy and for several years thereafter, until a January 2009 paternity test determined he was not the father. He subsequently filed a petition to adopt the minor child.

{¶ 7} The magistrate issued an oral ruling during the hearing, as well as a written decision after the hearing on August 17, 2009. The magistrate found no credible evidence of fraud on the part of H.A. that prevented appellant from filing with the Putative Father Registry or from filing a parentage action immediately after the minor child’s birth. As a result, the magistrate determined that appellant’s consent to the adoption was not necessary, pursuant to R.C. 3107.062 and 3107.07(B). Consequently, the magistrate overruled appellant’s objection to the adoption petition and his motions to dismiss and/or stay. The probate court issued a one-page judgment entry that same day, thereby adopting the decision of the magistrate.

{¶ 8} On August 31, 2009, appellant filed objections to the magistrate’s decision. However, appellant did not file a transcript of the hearing before the magistrate.

[368]*368{¶ 9} In his objections, appellant argued that the magistrate had erred in determining that his consent was not required, claiming H.A.’s fraud relieved him of his duty to file with the Putative Father Registry and, as a result, his consent to the adoption is required. Because consent had not been given, appellant argued, the adoption petition should be dismissed. In addition, appellant argued that because the potential adoptive stepparent (appellee) was listed on the birth certificate as the biological father, appellee was precluded from adopting the minor child, because S.R.A. is already considered to be his child.

{¶ 10} Appellee filed a memorandum contra to the objections on September 4, 2009. On October 23, 2009, the trial court filed an entry affirming the magistrate’s decision. On November 23, 2009, appellant filed a notice of appeal asserting the following assignments of error for our review:

First Assignment ofEmr
The trial court committed plain error in overruling appellant’s motion for stay of proceedings.
Second Assignment of Error
The trial court erred in denying appellant’s motion to dismiss.
Third Assignment of Error
The trial court erred in finding fraud was not sufficient.
Fourth Assignment of Error
The trial court erred in finding appellant’s consent was not required.

{¶ 11} Before we can address the assignments of error, we must determine whether the trial court’s entry constitutes a final, appealable order. As an appellate court, we are permitted to review judgments only when we are presented with an order that is both final and appealable, as defined by R.C. 2505.02. Salata v. Vallas, 159 Ohio App.3d 108, 2004-Ohio-6037, 823 N.E.2d 50, ¶ 17. If the parties themselves fail to raise the issue of whether or not a judgment constitutes a final, appealable order, we must raise the issue sua sponte. Whitaker-Merrell Co. v. Geupel Constr. Co. (1972), 29 Ohio St.2d 184, 186, 58 O.O.2d 399, 280 N.E.2d 922.

{¶ 12} Under Ohio law, an adoption is a two-step process. The first step involves determining whether parental consent is required. The second step requires a determination of whether the adoption is in the best interest of the child. In re Adoption of Baby Boy Brooks (2000), 136 Ohio App.3d 824, 737 N.E.2d 1062. In the instant case, appellant has appealed the probate court’s decision following the “consent” phase, in which the probate court determined that appellant’s consent was not required. When all other requirements are met, such a determination is a final, appealable order, even though the probate court has not reached the “best interest” phase. See In re Adoption of B.M.S., 10th [369]*369Dist. No. 07AP-236, 2007-Ohio-5966, 2007 WL 3293369, citing In re Adoption of Greer (1994), 70 Ohio St.3d 293, 638 N.E.2d 999, paragraph one of the syllabus.

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

Related

Eberbach v. Eberbach
2023 Ohio 4102 (Ohio Court of Appeals, 2023)
Ohio Dept. of Taxation v. Barney
2023 Ohio 636 (Ohio Court of Appeals, 2023)
Ohio Bd. of Motor Vehicle Repair v. Tintmasters Internatl., L.L.C.
2017 Ohio 8002 (Ohio Court of Appeals, 2017)
State v. Gillian
2016 Ohio 3232 (Ohio Court of Appeals, 2016)
Kendall v. Kendall
2014 Ohio 4730 (Ohio Court of Appeals, 2014)
State Ex Rel. Boddie v. Franklin County 911 Administrator
2013 Ohio 401 (Ohio Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
938 N.E.2d 432, 189 Ohio App. 3d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-sra-ohioctapp-2010.