In re Adoption of P.L.H.

The Supreme Court reversed the judgment of the court of appeals, which concluded that the consent of Appellant, the putative father of Child, to Child’s adoption by Appellees was not necessary because Appellant “willfully abandoned” the birth mother during her pregnancy and up to the time that the child was placed with Appellees. Specifically, the court held (1) Ohio Rev. Code 3107.07(B) does not equate the failure to care for and support the mother with willful abandonment of the mother; and (2) the probate court’s determination the Appellant willfully abandoned the mother was both contrary to the express language in section 3107.07(B)(2) (c) and against the manifest weight of the evidence. Because Appellees did not assert any other bases for the adoption to proceed without Appellant’s consent, the court remanded the matter to the probate court to vacate its adoption decree and to dismiss Appellees’ adoption petition. View "In re Adoption of P.L.H." on Justia Law