Matter of Adoption of Voss

550 P.2d 481
CourtWyoming Supreme Court
DecidedMay 25, 1976
Docket4542
StatusPublished
Cited by98 cases

This text of 550 P.2d 481 (Matter of Adoption of Voss) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Adoption of Voss, 550 P.2d 481 (Wyo. 1976).

Opinion

550 P.2d 481 (1976)

In the Matter of the ADOPTION OF George Robert VOSS, II, a minor child.
George R. VOSS, Appellant (Contestant below),
v.
Jack J. RALSTON, II, Appellee (Petitioner below).

No. 4542.

Supreme Court of Wyoming.

May 25, 1976.

*482 Ronald W. Hofer, Casper, signed the brief and appeared in oral argument on behalf of appellant.

Philip N. Nash, Juneau, Alaska, signed the brief and appeared in oral argument on behalf of appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

RAPER, Justice.

The trial court allowed adoption of the child of a non-consenting father. The crucial question in this appeal, presented by the father-appellant, involves the construction of § 1-710.2, W.S. 1957, 1975 Cum. Supp., Laws, 1963, Ch. 59, § 8:

"An adoption may be decreed without the written consent of the parent or parents of the child sought to be adopted where said non-consenting mother or father:
"(a) has been adjudged guilty by a court of competent jurisdiction of cruelty, abuse, or mistreatment of the child; or
"(b) has been judicially deprived of parental rights or had parental rights terminated with respect to the child; or
"(c) who has willfully abandoned such child;
"(d) if it is proven to the satisfaction of the court that said father or mother, if able, has not contributed to the support of said child during a period of one (1) year immediately prior to the filing of the petition for adoption, or
"(e) has caused the child to be maintained in a public or private children's institution or the Wyoming department of public welfare for a period of one year without contributing anything to the support of said child during said period."

*483 Precisely stated, must (c) and (d) be read and considered together since the conjunctive "or" does not appear following (c) as it does following each of the other conditions which must exist in the alternative before a parent loses his rights of parenthood?

The father-appellant and the present Catherine Lynn Ralston were married in 1968. George R. Voss, II, the child-subject of this appeal, was born to that union. The parents were divorced on March 23, 1970 and the child's custody awarded to the then Mrs. Voss with a child-support allowance of $125.00 per month, subsequently reduced by stipulation to $75.00 per month. About a month after the marriage dissolution, on April 25, 1970, the petitioner-appellee for adoption married the divorced Mrs. Voss and the child has lived with them ever since.

The petition only alleged and the trial judge only found that the father had not contributed to the support of the minor child during a period of one year immediately prior to the filing of the petition for adoption even though able to do so. There was no allegation nor finding that the father had abandoned his child.

The questioned section is obviously poorly written and ungrammatical. Section 1-710.2 is grammatically incorrect when subsection (c) is read with the opening phrase of the statute, thus:

"An adoption may be decreed without the written consent of the parent or parents of the child sought to be adopted where said non-consenting mother or father:
"(c) who [sic] has willfully abandoned such child."

Subsections (a), (b) and (e) can be read separately with the opening of the section. If the word "who" was left out, and it does serve no useful purpose, (c) would be able to stand alone.

Going through the same process with (d), we first come up with a seeming lack of connection:

"An adoption may be decreed without the written consent of the parent or parents of the child sought to be adopted where said non-consenting mother or father:
"(d) if it is proven to the satisfaction of the court that said father or mother, if able, has not contributed to the support of said child during a period of one (1) year immediately prior to the filing of the petition for adoption, or"

It would make sense if the words were rearranged as follows: place the words "has not contributed to the support of said child during a period of one (1) year immediately prior to the filing of the petition for adoption" at the beginning of the subsection, followed by "if it is proven to the satisfaction of the court that said father or mother, if able, or."

We then end up with the subsection (d) more related to the opening, reading:

"An adoption may be decreed without the written consent of the parent or parents of the child sought to be adopted where said non-consenting mother or father:
"(d) has not contributed to the support of said child during a period of one (1) year immediately prior to the filing of the petition of adoption, if it is proven to the satisfaction of the court that said father or mother, if able, or"

After doing this transposition for some careless draftsman, we now have:

"An adoption may be decreed without the written consent of the parent or parents of the child sought to be adopted where said non-consenting mother or father:
"(c) has willfully abandoned such child;
"(d) has not contributed to the support of said child during a period of one (1) year immediately prior to the filing of the petition for adoption, if it is proven to the satisfaction of the court that said father or mother, if able, or"

Even with repair of the legislation, the word "or" is missing between the two subsections, in order to clearly conform to the position taken by appellant that there must be abandonment and non-support for one year or to clearly fit the position taken by appellee *484 that each is a separate ground. An ambiguity exists so we must therefore resort to statutory construction. Where the language is unambiguous and conveys a clear and definite meaning, there is no occasion to resort to rules of statutory construction. State v. Hungary, 1956, 75 Wyo. 423, 433, 296 P.2d 506, 509.

An attempt to locate the source of the questioned section finds us eventually in Montana where similar language is found, but with a different introductory phrase. After providing for the written consents of parents, § 61-205, Revised Codes of Montana 1947, 1975 Cum.Supp., states in pertinent part:

* * *
"provided, that consent shall not be required from a father or mother,
* * *
"(d) who has, in the state of Montana, or in any other state of the United States, willfully abandoned such child; or,
* * *
"(f) if it is proven to the satisfaction of the court that said father or mother, if able, has not contributed to the support of said child during a period of one (1) year before the filing of a petition for adoption; * * *."

The footnotes to § 61-201 of the Revised Codes of Montana 1947, 1975 Cum.Supp., indicate that the quoted § 61-205 came from the Uniform Adoption Act. The uniform act section of comparable import has an even different word format. Section 6 of the Uniform Adoption Act, 9 U.L.A. Master Edition, p. 18, is worded:

"(a) Consent to adoption is not required of:

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Bluebook (online)
550 P.2d 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adoption-of-voss-wyo-1976.