In re M.N.M.

605 A.2d 921, 1992 D.C. App. LEXIS 82
CourtDistrict of Columbia Court of Appeals
DecidedMarch 27, 1992
DocketNo. 90-1395
StatusPublished
Cited by13 cases

This text of 605 A.2d 921 (In re M.N.M.) is published on Counsel Stack Legal Research, covering District of Columbia 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 M.N.M., 605 A.2d 921, 1992 D.C. App. LEXIS 82 (D.C. 1992).

Opinions

FARRELL, Associate Judge:

In this appeal we face once again a challenge by the putative natural father (appellant) to a final decree of adoption entered even though, as the trial judge acknowledged, “the natural father was given no notice of the adoption proceedings.” The judge concluded that the putative father’s motion to intervene in the adoption proceeding was barred by the one year statute of limitations governing attempts to invalidate a final decree of adoption. D.C.Code § 16-310 (1989). We hold that appellant had a constitutionally protected interest in fair notice of, and opportunity to participate in, the adoption proceedings because he timely grasped his “opportunity interest,” Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983), in rearing the child he claims to have fathered. We further hold that he was denied that notice and opportunity, and that — assuming his paternity is established, a matter which remains in dispute — these rights must be accorded him before this adoption may become final. We express no opinion on the ultimate issue of whether the adoption entered by the trial court is in the best interests of the child. D.C.Code § 16-309(b)(3).

I.

Appellant M.J.L. claims to be the biological father of a female child (M.N.M.) born in St. Louis, Missouri on July 30, 1987.1 According to appellant, he and the child’s natural mother, L.C.M., had a relationship while both were seniors in high school, resulting in the birth of the child. It appears undisputed that early in June 1987, the mother and her parents met with a social worker employed by St. Louis Catholic Charities, and the mother stated her desire to give up the child she was carrying for adoption. Appellant claims that he and his parents were contacted by St. Louis Catholic Charities and that he asserted he was the father, opposed the adoption, and expressed his desire to raise the child.2 On July 29, 1987, one day before the birth, L.C.M.’s father contacted appellees, Associated Catholic Charities of the Archdiocese of Washington, D.C., Inc. (hereafter the adoption agency), a licensed adoption agency in the District of Columbia, and arranged to put the child up for adoption in the District of Columbia. On August 3, 1987, the child, the mother and her father arrived in the District. The baby was placed in a pre-adoption home on August 4, 1987. On the same day, L.C.M. signed an affidavit stating that although she knew who the natural father was, she did not know his whereabouts and would not identify him.

On August 6, 1987, appellant filed a paternity and custody action in St. Louis County in an attempt to halt any adoption. In the District, the adoption process continued, with the baby being placed in an adoptive home on August 20,1987. On January 1, 1988, appellant re-filed his paternity and custody action3 this time in St. Louis City, the mother’s place of residence. In connection with his lawsuits, appellant deposed L.C.M.’s father on September 17, 1987 and L.C.M. on February 12, 1988, in an attempt to locate the child. Both refused to answer any questions about the child or its whereabouts.

On November 5, 1987, the adoptive parents (also appellees in this appeal) had filed a petition for adoption in the Superior [923]*923Court of the District of Columbia. In furtherance of this petition, the adoption agency filed its report on February 19, 1988, in which it stated that it had attempted to learn the name of the natural father from L.C.M., but that she refused to provide it. After inquiring into her reasons for the refusal, the agency apparently concluded that they were sufficient and recommended to the court that the adoption go forward. The record does not reveal any effort by the adoption agency, other than questioning L.C.M., to identify or locate appellant, to notify him of the pending adoption proceeding, or to gain his consent to the adoption, although both notice and consent of the natural father are required by statute, D.C.Code §§ 16-304, -306.4 The trial court entered a final adoption decree on April 11, 1988. The record contains no order requiring that notice to appellant be attempted, nor a finding by the court that efforts to notify appellant would be futile. D.C.Code § 16-304(d).

In St. Louis, appellant proceeded with his suit before Judge Robert G. Dowd, Jr. On September 23, 1988, a hearing was held before a special master in the presence of appellant, the mother, and her father. The special master found that L.C.M. and her father still refused to provide information about the location of the baby, and concluded that the suit could not be settled and should proceed to trial. In late October 1988, the office of the St. Louis County Attorney informed appellant that it was aware of adoption proceedings concerning the child in the District of Columbia, but furnished him no specific information about the proceeding such as the court or docket number. On November 14, 1988, Judge Dowd entered an order instructing the County Attorney to give appellant any information he had about the child.

Shortly after January 6,1989, the majority of the Superior Court judges, including the trial judge presiding over the adoption of M.N.M., received a letter signed by appellant stating he had learned from Judge Dowd that, according to the St. Louis County Attorney, the child M.N.M. “has been put up for adoption in the Washington, D.C. area through the Catholic Charities Organization.” The letter pointed out that appellant’s paternity case would be heard by Judge Dowd in early 1989, and continued:

Right now I am very concerned about the adoption being finalized and the associated waiting period expiring before my case can be heard. I need someone in the Washington D.C. Superior Court to be aware of the truth in this situation so that a fair decision can be made. Catholic Charities of Washington D.C. — fearing liability — wants a court order to open any records or even to acknowledge their role in the adoption process. I cannot file a petition to prevent/set aside the adoption because I don’t know in which court the adoption is taking place.
♦ * Sic * * *
I realize that there are numerous regulations preventing the release of records in adoption cases, so I am not asking you to do that. However, I am asking that if this case is or was before you in Washington D.C. Superior Court to please contact one of the following [listed persons] so I may have my day in court.

On January 12, 1989, a Family Division judge in receipt of appellant’s letter responded by stating that “appropriate notices will be given if the adoption matter to which [appellant] refers is currently pending in this court.” A second trial court judge informed appellant that, unless he furnished a designated docket number, no search through Superior Court records could be accomplished. On January 18, [924]*9241989, Judge Mencher, then Presiding Judge of the Family Division of Superior Court, wrote Judge Dowd in St.

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Bluebook (online)
605 A.2d 921, 1992 D.C. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mnm-dc-1992.