Monday, September 23, 2013

In Re Adoption of C.B.M.: Adoption Must Be Set Aside When Termination Order Is Reversed

In a recent opinion handed down by the Supreme Court of Indiana, the adoption of twin children was set aside after a reversal of the termination of the birth mother’s parental rights.  In re Adoption of C.B.M.,  ---N.E.2d ----, (Ind. 2013).

C.B.M. and C.R.M., fraternal twins who were determined to be children in need of services were removed from their natural mother’s home in 2006.  Id. at *1. Approximately eighteen months later, the termination of parental rights (TPR) proceedings began and were granted six months later “over the strong objections of the twins’ guardian ad litem.”  Id.  The natural mother promptly appealed the judgment.  Id.  A few months later, the foster parents petitioned to adopt the children and the petition was granted approximately ten weeks after that.  Id.  However, after a couple of months had passed, the court of appeals reversed the judgment terminating the birth mother’s parental rights. Id.

The dispute in the supreme court centered on two issues: “whether the adoption mooted Natural Mother’s TPR appeal because of her failure to seek a stay of the TPR judgment pending appeal,” and “whether letting the Twins be adopted without Natural Mother’s notice or consent violated her Due Process rights.”  Id. at *3.  The court considered the situation “no-win” but eventually concluded that the “no-consent adoption that followed on [the] heels” of the TPR judgment “became voidable;” thus the trial court abused its discretion in failing to set aside the adoption. Id. at *8. 

The Indiana Supreme Court held that the birth mother was not required to file a stay of the TPR action “to preserve a meaningful appellate remedy” and that the birth mother was “entitled to relief from the adoption judgment when the TPR was ‘reversed or otherwise vacated’ on appeal.”   Id. at *5-6. 

 For the text of the opinion, click here.

ABC

http://lawprofessors.typepad.com/family_law/2013/09/adoption-must-be-set-aside-when-termination-order-is-reversed.html

Adoption | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef019aff163c59970c

Listed below are links to weblogs that reference In Re Adoption of C.B.M.: Adoption Must Be Set Aside When Termination Order Is Reversed:

Comments

This is the correct ruling in my opinion. Obviously where there is no legally enforceable termination, there can be no legally binding adoption.

Posted by: Tulsa Divorce Lawyer Matt Ingham | Sep 24, 2013 9:05:25 AM

Haven't heard of this case before now. Here in Oklahoma, the US Supreme Court Case about adoption that is receiving the vast majority of the attention is In Re Baby Veronica.

Posted by: Tulsa Divorce Lawyer Matt Ingham | Oct 6, 2013 12:32:40 PM

Post a comment