November 2 Theme: National Fathers Really Do Have Rights in the Matter of Adoption Day

In contrast to the Father’s-Rights-Unfriendly State of Utah mentioned in today’s Demon in Adoption Award Winner Post, the state of Oklahoma actually recognized Father’s Rights in an entitled adoptive parent case.

Leagle featured this case IN THE MATTER OF ADOPTION OF BABY BOY K.B on November 1, 2011, No. 109333. Supreme Court of Oklahoma.

“The question presented is whether K.B. is eligible for adoption — more specifically, whether K.B. is eligible for adoption without the consent of his biological father. This Court holds the trial court did not abuse its discretion by holding that K.B. is not eligible for adoption because K.B.’s biological father exercised his parental rights regarding K.B., including contributing to the support of the biological mother during pregnancy.”

Background

“.R., Putative father1 of K.B., and J.B., biological mother of K.B., had a physical relationship for several months despite the fact that J.B. was married to another man. J.B. and her husband were having marital problems during the course of her relationship with T.R. During the majority of the affair, J.B.’s husband was working out of town for months at a time. K.B. was born on July 11, 2010. It was determined by genetic testing that T.R. was the biological father of K.B.

¶ 3 After K.B.’s birth, J.B. and her husband relinquished their parental rights and consented to K.B.’s adoption. J.B. selected M.B. and V.B. as the prospective adoptive parents. K.B. went home from the hospital with the prospective adoptive parents. Shortly after K.B. was born, T.R. saw J.B. at the local grocery store. It was then that he learned that J.B. had given birth and that K.B. was to be adopted. T.R. contacted an attorney and filed a motion for determination of paternity in Ellis County. T.R.’s paternity was established by genetic testing.

¶ 4 On October 21, 2010, the parties appeared before Judge VerSteeg and stipulated that T.R. was the natural father of K.B. The court then heard arguments regarding placement of K.B. with T.R. as the child’s natural father. Judge VerSteeg denied T.R.’s request for custody at that time. The court did award T.R. visitation until the matter regarding the termination of his parental rights could be decided.

¶ 5 On March 24, 2011, a hearing regarding adoptive parents’ motion to terminate the natural father’s parental rights was held. At the conclusion of those proceedings the judge held that T.R. clearly exercised his paternal rights and that he made monetary contributions to the natural mother during her pregnancy. The court then found that T.R. was entitled to custody of K.B., but allowed M.B. and V.B. visitation until the next scheduled hearing. The record does not reflect that another hearing ever occurred.

6 In an order on April 4, 2011, the trial court denied the adoptive parents’ petition for adoption. Adoptive parents appealed that decision and this Court granted their motion to retain.”

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