IN RE ADOPTION OF K.P.M.A.
2014 OK 85 · Supreme Court of Oklahoma · 2014
Facts
The Child, K.P.M.A., was born out-of-wedlock to Mother T.Z. on June 21, 2012. Prospective adoptive parents, Marshall Lee Andrews and Toni Michelle Andrews, have had physical custody of the child since birth. Mother and Father Billy McCall had sexual relations between August and October 2011, but were not in a romantic relationship. Father testified he made no attempt to contact Mother after their last sexual encounter. Mother allegedly sent Father a Facebook message informing him of her pregnancy and plans for adoption, which Father claims he did not see until July 2012, after the child's birth. Father stated he learned of the child's existence seven days after birth and later claimed paternity, visited the child, and contributed $250 per month in support to the Appellees.
Procedural history
Appellees filed a Petition for Termination of Parental Rights and a Petition for Adoption. Mother voluntarily relinquished her rights. The trial court held a hearing, refused Father's testimony regarding guardianship proceedings, and granted a directed verdict to terminate Father's parental rights. Father appealed, and the Court of Civil Appeals affirmed the termination. Father then filed a Petition for Certiorari, which this Court granted.
Issue
1) Whether Father's due process rights were violated by the lack of adequate notice of the child's existence and the termination proceedings. 2) Whether the trial court's determination to terminate parental rights was supported by clear and convincing evidence.
Holding
The Court held that Father's due process rights were violated because notice of the pregnancy via Facebook was insufficient. The trial court's judgment terminating Father's parental rights was reversed, and the case was remanded for further proceedings.
Rule
Unwed fathers have a constitutionally protected opportunity interest to develop a relationship with their child, which requires notice of the child's existence. The initial duty to inform the natural father of the pregnancy rests with the mother. Notice provided solely via Facebook is insufficient to satisfy due process requirements because it is not reasonably calculated to inform and is considered a mere gesture. Termination of parental rights requires clear and convincing evidence that it is in the child's best interest and that statutory grounds for termination are met, considering all factors, not just support during pregnancy.
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