Copeland v. Todd

Leslie Todd gave birth to a female child while incarcerated. Lucretia Copeland eventually became the baby's primary physical custodian. Approximately two years later, Copeland filed a petition to adopt the child without the consent of Todd pursuant to Va. Code Ann. 63.2-1202(H). The circuit court granted Copeland's petition, holding that Todd failed to maintain contact with the child for a period of six months prior to the filing of the petition as required by section 63.2-1202(H), and, in the alternative, that Todd had withheld her consent contrary to the child's best interests under Va. Code Ann. 63.2-1203 and -1205. The court of appeals reversed. The Supreme Court affirmed in part, reversed in part, and reinstated the final decree of adoption, holding (1) the court of appeals did not err in reversing the circuit court's holding that Todd's consent to the adoption was not necessary under section 36.2-1202(H), but (2) the court of appeals erred in its judgment that the circuit court violated Todd's constitutional rights under sections 63.2-1203 and -1205 as the circuit court gave adequate consideration to Todd's due process rights and Todd's equal protection rights were not violated.