In Re the Termination of the Parental Rights of the Biological Parents of Baby Boy W.

1999 OK 74, 988 P.2d 1270, 70 O.B.A.J. 2677, 1999 Okla. LEXIS 87, 1999 WL 722097
CourtSupreme Court of Oklahoma
DecidedSeptember 16, 1999
Docket91,604
StatusPublished
Cited by19 cases

This text of 1999 OK 74 (In Re the Termination of the Parental Rights of the Biological Parents of Baby Boy W.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Termination of the Parental Rights of the Biological Parents of Baby Boy W., 1999 OK 74, 988 P.2d 1270, 70 O.B.A.J. 2677, 1999 Okla. LEXIS 87, 1999 WL 722097 (Okla. 1999).

Opinions

HODGES, J.

¶ 1 This is an action by an adoption agency to terminate the parental rights of a child’s natural father. The child’s natural mother placed the child with the agency for adoption, relinquishing her parental rights. The adoption agency then placed the child with prospective adoptive parents.

¶ 2 The issue is whether the natural father was denied the chance to grasp his parental opportunity interest in his child through the actions of the child’s natural mother and the adoption agency. This Court holds that he was denied that chance in contravention of due process. Further, there was nothing more required of the natural father, under the circumstances, in regards to an attempt to discover whether he had fathered a child. Thus, his parental rights may not be terminated and his consent is necessary for adoption.

¶ 3 The natural parents of Baby Boy W. met while they were students at Oklahoma State University. In August, 1996, they began an exclusive sexual relationship which continued until they broke up in mid-January, 1997. During this time, Natural Father claims to have discussed his desire to parent a child should Natural Mother became pregnant by him. He also claims to have to told her that treatment for cancer, involving the removal of a testicle and post-operative chemotherapy, had left his chances of producing offspring at “slim to none.”

¶ 4 Following the end of their relationship, neither made contact with the other with the exception of a birthday greeting which Natural Father left on Natural Mother’s telephone answering machine. This lack of contact did not result from ignorance of each other’s whereabouts. Each natural parent knew how to reach the other. Natural Father never inquired whether he had fathered a child and Natural Mother claims to have denied being pregnant, to herself and to her mother, until she was tested on July 21, 1997.

¶ 5 That same day, Natural Mother made contact with Hannah’s Prayer Adoption Agency (the Agency) and expressed her desire to place the child for adoption. On July 24th, she met with an Agency employee and stated that Natural Father was someone she had met at a college party and that she did not know his last name.

¶ 6 Baby Boy W. was born on August 17, 1997. Five days later, Natural Mother went before District Judge David Winslow and relinquished her parental rights, placing the child with the Agency. She testified that the natural father was known to her only as “Jody” and that his whereabouts were unknown to her. The child was placed with prospective adoptive parents out of state in compliance with the Interstate Compact on the Placement of children. Baby Boy W. has lived with the couple since that time.

[1272]*1272¶ 7 On October 15, 1997, Natural Mother revealed Natural Father’s first and last name to the Agency. The Agency filed a Petition for Termination of Parental Rights on October 28, 1997 naming “Jody” as the natural father. Hearing on the petition was set for December 19th. On November 25th, the Agency published notice to “Jody” of the hearing in the Tulsa Daily Commerce and Legal News. It located Natural Father on December 17, 1997, and advised him of the hearing. This was Natural Father’s first information that he had fathered a child. The hearing was postponed so that the Agency could serve him, which it did on January 23, 1998, by certified mail. Natural Father filed his objection to the Agency’s petition on January 27, 1998. Following a blood test, the parties entered into a stipulation that he is the biological father of the child.

¶8 The trial court granted Natural Father’s request for visitation. On April 26, 1998, the trial court granted Natural Father’s motion for summary judgment holding that his consent was necessary for the adoption process to go forward. The trial court dismissed the Agency’s petition to terminate his parental rights.

¶ 9 The trial court reasoned that Natural Mother’s statement to the trial court when she relinquished her parental rights, that she only knew the first name of Natural Father, along with the Agency’s delay in finding him resulted in a violation of due process. The trial court concluded that this violation deprived Natural Father of a constitutionally protected parental opportunity interest in his child. The child has remained in the custody of the prospective adoptive parents with visitation by Natural Father while the matter has been on appeal.

¶ 10 A natural father’s constitutional rights concerning his child born out of wedlock were set out in a line of United States Supreme Court cases culminating in Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983). The Lehr court drew a sharp distinction between a constitutionally protected parent-child relationship and a potential or opportunity interest, yet to be developed through the natural father’s acceptance of responsibility for the child’s future.1 It held that only “[wjhen an unwed father demonstrates a full commitment to the responsibilities of parenthood by ‘coming forward to participate in the rearing of his child’ [does] his interest in personal contact with his child acquire substantial protection under the due process clause.” Id. at 261-262, 103 S.Ct. 2985 (quoting Caban v. Mohammed, 441 U.S. 380, 392, 99 S.Ct. 1760, 60 L.Ed.2d 297 (1979)).

¶ 11 The Lehr holding was echoed by this Court in In re Baby Boy D., 742 P.2d 1059 (Okla.1985). There, this Court held that “[t]he Constitution protects only parent-child relationships of biological parents who have actually committed themselves to their children and have exercised responsibility for rearing their children.” Id. at 1067.

¶ 12 This principal is also found in Oklahoma’s Adoption Code. See Okla. Stat. tit. 10 §§ 7501 — 1.1 thru 7510 — 3.1 (Supp.1998). “[T]he Legislature has enacted a series of statutes designed to protect both biological fathers who demonstrate sufficient indicia of responsibility toward their progeny balanced against protection of the best interests of children whose biological parents do not demonstrate such responsibility.” In re Baby Girl M., 942 P.2d 235, 244 (Okla.Ct.Civ.App.1997).

¶ 13 This preadoption proceeding to terminate parental rights was brought under section 29.1 of title 10.2 That section provides that when the mother of a child born out of wedlock relinquishes her parental [1273]*1273rights, the adoption agency3 is to give notice to the natural father and a hearing is to be held. It further provides that:

At the hearing, the court may, if it is in the best interest of the child:
a. accept a relinquishment or consent to adoption executed by the father or putative father of the child, or b. determine that the consent of the father or putative father to the adoption of the child is not required and may terminate any parental rights which the father or putative father may have, or
c. Terminate the parental rights of the father or putative father, pursuant to the provisions of this section or Section 1130 of this title, or
d.

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Bluebook (online)
1999 OK 74, 988 P.2d 1270, 70 O.B.A.J. 2677, 1999 Okla. LEXIS 87, 1999 WL 722097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-termination-of-the-parental-rights-of-the-biological-parents-of-okla-1999.