Steve B.D. v. Swan

730 P.2d 942, 112 Idaho 22, 1986 Ida. LEXIS 548
CourtIdaho Supreme Court
DecidedDecember 3, 1986
DocketNo. 16372
StatusPublished
Cited by11 cases

This text of 730 P.2d 942 (Steve B.D. v. Swan) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steve B.D. v. Swan, 730 P.2d 942, 112 Idaho 22, 1986 Ida. LEXIS 548 (Idaho 1986).

Opinion

PER CURIAM.

Chester Swan is the admitted father of a baby born March 5, 1984 to a then unmarried woman. The mother alone executed a judicial consent to the adoption of the baby, and then declared a revocation of that consent. The attempted revocation was denied. DeBernardi v. Steve B.D., 111 Idaho 285, 723 P.2d 829 (1986). Swan appeals from the decisions of the magistrate and the district court that his consent to Mr. and Mrs. D.’s adoption of the child was not required. He alleges this violated his constitutionally protected interest in the opportunity to develop a parental relationship with the child. We affirm the determinations below that because Swan had not established such an interest, and was not denied an opportunity to establish such a relationship, his consent to the adoption was not required.

I.

Swan and DeBernardi lived together from October, 1982, to June, 1983. They were not married at the time. In June of that year, DeBernardi learned she was pregnant. Swan moved out in late June, then returned in late July and remained until the middle of September. Swan and DeBernardi did not live together again until after the birth of the child.

Prior to the birth, DeBernardi made several purchases related to infant care, including a crib. Swan was aware of these purchases. Swan testified that he and DeBernardi had planned to raise the child together, and that he always intended to act as a parent to the child.

DeBernardi gave birth to the child on March 5, 1984. Swan visited DeBernardi and the child twice while they were at the hospital. On one of these occasions he carressed and kissed the child. Without Swan’s knowledge or consent, DeBernardi surrendered custody of the child on March 6.On March 7, before the magistrate court, she consented to Mr. and Mrs. D’s adoption of the child. She testified that [24]*24she did not know the identity of the child’s father.

DeBernardi later attempted to revoke her consent. Between the time of surrendering custody and consenting to adoption and April 26, with a hearing pending on her attempt to revoke, DeBernardi concealed from Swan the fact of her surrendering custody and consenting to the adoption of the child. She gave various excuses, including inclement weather and the child’s illness, to explain why she could not bring the child to see Swan at his residence. She also regularly visited Swan to minimize the likelihood that he would visit her. In addition, DeBernardi informed Swan that her mother was staying at her residence (which she in fact was doing). Swan testified that he felt awkward around DeBernardi’s mother because he was older than she, and that he wished to avoid seeing her. DeBernardi promised that she would bring the child to stay with Swan during the coming Easter weekend. When Easter arrived, she told Swan that the child could not come because he had the measles.

During this period Swan did not pay either medical expenses related to the birth or any expenses related to the child’s support. Swan testified to his belief that DeBernardi’s insurance covered the medical expenses.

When DeBernardi learned that Mr. and Mrs. D. were going to publish legal notice of the upcoming hearing for the benefit of the then unknown father, she informed Swan of the situation. At this time, Swan refused DeBernardi’s request to sign a paternity affidavit. He later testified that he refused because he could see no reason for doing so, since he was going to testify as to paternity at the revocation hearing.

Swan appeared at the revocation hearing on May 11. He testified to his paternity, to his wish to reunite the child “with his mother and his brothers and sisters,” and to his desire to help raise the child. At the time, Swan apparently was not living with De-Bernardi. On May 31 the magistrate court issued its memorandum decision denying DeBernardi’s request to revoke her consent. Ultimately, this Court affirmed that denial. DeBernardi, supra.

Thereafter, while DeBernardi appealed the magistrate’s decision, Swan entered the dispute in his own right. On June 14, Swan signed an acknowledgement of paternity, and on June 27 moved to intervene in the proceedings related to DeBernardi’s consent and applied for custody of the child. On September 4, the magistrate granted Swan’s motion to intervene, but denied his application for custody pending a determination of the extent of his parental interest.

On November 15, Swan and DeBernardi executed an acknowledgement of common law marriage.

Following a hearing on the extent of Swan’s parental interest, the magistrate issued a decision on March 14, 1985, holding that Swan’s consent was unnecessary to the pending adoption. Swan appealed to the district court. The district court first remanded for additional findings of fact. The magistrate complied. Subsequently, in a decision issued on January 24, 1986, the district court affirmed the decision of the magistrate court. This appeal followed.

II.

On appeal Swan contends, inter alia, that the denial of his ability to prevent the child’s adoption violated his constitutionally protected interest in the opportunity to develop a parental relationship with the child. Swan relies solely on the provisions of the Federal Constitution. As we recently and unanimously noted, “[pjreferably, when addressing constitutional issues, our state constitutional provisions should be reviewed first before turning to the federal constitution.” Gardner v. Evans, 110 Idaho 925, 932 n. 1, 719 P.2d 1185, 1192 n. 1 (1986) (quoting Nampa Christian Schools v. Department of Employment, 110 Idaho 918, 936 n. 3, 719 P.2d 1178, 1196 n. 3 (1986)); see also Wells v. Children’s Aid Society of Utah, 681 P.2d 199 (Utah 1984) (addresses rights of unwed father under Utah Constitution). However, because Swan failed to allege a violation of the [25]*25Idaho Constitution, we will address only the implications of the Federal Constitution.

A parent’s relationship with his or her child constitutes an interest in liberty entitled to the protection of the Fourteenth Amendment of the United States Constitution, even if that parent is an unwed father. Lehr v. Robertson, 463 U.S. 248, 256-68, 103 S.Ct. 2985, 2990-97, 77 L.Ed.2d 614 (1983); Caban v. Mohammed, 441 U.S. 380, 388-89, 99 S.Ct. 1760, 1766, 60 L.Ed.2d 297 (1979); Stanley v. Illinois, 405 U.S. 645, 649, 92 S.Ct. 1208, 1211, 31 L.Ed.2d 551 (1972). However, the unwed father must show more than a mere biological relationship to establish his interest. The Supreme Court explained:

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.

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

Related

Sause and Schnitzer
Oregon Supreme Court, 2023
In Re Adoption of B.Y.
2015 UT 67 (Utah Supreme Court, 2015)
Idaho Department of Health & Welfare v. Doe
244 P.3d 232 (Idaho Supreme Court, 2010)
Thurnwald v. A.E.
2007 UT 38 (Utah Supreme Court, 2007)
Matter of Juvenile Action No. JS-8490
876 P.2d 1137 (Arizona Supreme Court, 1994)
Petition of Steve BD
730 P.2d 942 (Idaho Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
730 P.2d 942, 112 Idaho 22, 1986 Ida. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steve-bd-v-swan-idaho-1986.