In re Adoption of Zschach

665 N.E.2d 1070, 75 Ohio St. 3d 648, 1996 Ohio LEXIS 612
Ohio Supreme Court·Decided June 6, 1996·No. Nos. 94-2752 and 95-170·Published·Cited by 109 cases

Opinions

Cook, J.

I

This court has already determined that in order to contest an adoption, “a putative father who has signed the birth certificate of a child must file a written objection to the adoption with the court, Department of Human Services, or the agency having custody of the ehild[.]” In re Adoption of Greer (1994), 70 Ohio St.3d 293, 638 N.E.2d 999, paragraph three of the syllabus. In this case, we determine that a putative father’s attempt to condition his consent to adoption upon his retention of permanent visitation rights is not the equivalent of a written objection as required under R.C. 3107.07(B).

Conjunctively, R.C. 3107.06(F)(3) and 3107.07(B) allow a court to enter a decree of adoption without a putative father’s consent if he has failed to file a written objection to the adoption. In holding that Johnson’s conditional consent was “tantamount to a written objection to the adoption,” the appellate court necessarily determined that what is required to constitute an “objection” under R.C. 3107.07(B) is open to statutory interpretation. Even if we were to agree with the appellate court that such a statutory ambiguity exists, our analysis of the legislative purpose behind enactment of the adoption statutes leads us to conclude that nothing short of a written objection to the adoption proceeding suffices to preserve a putative father’s right to contest an adoption.

In deciding the question before us today, it is important to recognize the competing policy considerations that the legislature attempts to balance through its enactment of the adoption statutes related to putative fathers. A putative father’s right to a parental relationship with his offspring has been recognized by this court as well as the Supreme Court of the United States. See Greer, 70 Ohio St.3d at 298, 638 N.E.2d at 1003; Lehr v. Robertson (1983), 463 U.S. 248, 261-265, [651]*651103 S.Ct. 2985, 2993-2996, 77 L.Ed.2d 614, 626-629. The rationale for protecting the right of a putative father to have a parental relationship with his offspring is 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.” Lehr at 262, 103 S.Ct. at 2993, 77 L.Ed.2d at 627; Greer at 298, 638 N.E.2d at 1003-1004, fn. 2.

Ultimately, the goal of adoption statutes is to protect the best interests of children. In cases where adoption is necessary, this is best accomplished by providing the child with a permanent and stable home, see In re Adoption of Ridenour (1991), 61 Ohio St.3d 319, 328, 574 N.E.2d 1055, 1063, and ensuring that the adoption process is completed in an expeditious manner. See In re Adoption of Baby Girl Hudnall (1991), 71 Ohio App.3d 376, 380, 594 N.E.2d 45, 48. If these goals are met, the new parent-child relationship will have the best opportunity to develop fully.

In balancing the rights of a putative father and the state’s interest in protecting the welfare of children, the legislature has enacted a statutory scheme where putative fathers are given the right to contest an adoption by filing an objection with the appropriate authority. In the absence of the objection required under R.C. 3107.07(B), a court lacks any indication of the putative father’s full commitment to the responsibilities of parenthood. Where a putative father fails to demonstrate such a commitment, the state should not be compelled to listen to his opinion of where the child’s best interests lie. See Lehr at 262, 103 S.Ct. at 2993-2994, 77 L.Ed.2d at 627.

Johnson urges this court to accept the appellate court’s holding that his conditional consent to the adoption suffices as the objection required under R.C. 3107.07(B).1 We cannot accept such a proposition. By attempting to preserve twenty hours of visitation rights per month, Johnson was, in effect, attempting to retain parental rights and privileges while agreeing to dispense with the attendant parental obligations and duties. Because the relationship that Johnson attempted to preserve in his conditional consent falls far short of the interest [652]*652protected under statute,2 we cannot uphold the appellate court’s finding.

While strict adherence to the procedural mandates of R.C. 3107.07(B) might appear unfair in a given case, the state’s interest in facilitating the adoption of children and having the adoption proceeding completed expeditiously justifies such a rigid application. See Lehr, 463 U.S. at 265, 103 S.Ct. at 2995, 77 L.Ed.2d at 629.

II

Johnson next argues that even if we find that his conditional consent does not constitute an objection to the adoption as required under R.C. 3107.07(B), we nevertheless should affirm the appellate court’s decision because the proceedings conducted by the probate court denied him his due process rights. Specifically, Johnson argues that he was entitled to notice and a hearing prior to the probate court’s finalization of the adoption that deprived him of a right to visitation.

R.C. 3107.15(A)(1) prohibits a court from granting visitation rights to a biological relative that survive a final decree of adoption. In Ridenour, supra, we commented upon the legislative purpose behind such a proscription as follows:

“ * * * R.C. 3107.15 reflects the legislature’s intent to find families for children. If preconditions are imposed on the adoptive parent-child relationship, or if adoptive parents are forced to agree to share parenting responsibilities with people whom they do not know, many potential adoptive parents will be deterred from adopting. Moreover, even where adoptive parents consent to visitation by biological relatives whom they do not know, such an arrangement is bound to be stressful for the child[.]” Id., 61 Ohio St.3d at 328, 574 N.E.2d at 1063. Accordingly, Johnson cannot rely on Ohio’s adoption statutes to demonstrate his right to notice and a hearing on issues of visitation surviving the final decree of adoption.

In determining whether the court’s action with regard to Johnson constitutes an infringement of his due process rights, we must identify the nature of the private interest claimed by Johnson and determine whether that interest is [653]*653constitutionally protected. See Lehr, 463 U.S. at 256, 103 S.Ct. at 2990, 77 L.Ed.2d at 623. It is a well-established principle that the relationship between parent and child is a constitutionally protected liberty interest. Quilloin v. Walcott (1978), 434 U.S. 246, 255, 98 S.Ct. 549, 554, 54 L.Ed.2d 511, 519. As stated by the United States Supreme Court in Lehr at 257-258, 103 S.Ct.

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In re Adoption of Zschach, 665 N.E.2d 1070, 75 Ohio St. 3d 648, 1996 Ohio LEXIS 612 (Ohio 1996).

665 N.E.2d 1070 (In re Adoption of Zschach) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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