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In re Adoption of A.A.T.

Supreme Court of Kansas
196 P.3d 1180 (Kan. 2008)


Facts

After a brief relationship, N.T. (defendant) became pregnant with a child by M.P. (plaintiff). N.T. informed M.P. of the pregnancy and then left New York for her parent’s home in Kansas. Although N.T. refused to tell M.P. where she was staying, N.T. stayed in contact with M.P. by telephone. Shortly thereafter, N.T. lied to M.P., saying that she had an abortion. However, M.P. had doubts about N.T.’s claim. Immediately preceding and following the child’s birth, N.T. did everything in her power to conceal the truth, even telling her family and friends that the infant had died during delivery. N.T. placed the child, A.A.T., up for adoption. Thereafter, N.T. lied to the adoption agency, the adoptive parents, and the trial court, saying that she did not know M.P.’s last name or location. The adoption of A.A.T. was approved by the trial court. Six months later, N.T. told M.P. that A.A.T. had been adopted. M.P. filed a motion to set aside the adoption. Genetic testing confirmed M.P. to be the father of A.A.T. The trial court rejected the motion, concluding that M.P. had failed to act in a timely manner to assert his claim of paternity. M.P. appealed.

Rule of Law

Issue

Holding and Reasoning (Luckert, J.)

Dissent (Rosen, J.)

Dissent (Beier, J.)

Dissent (Nuss, J.)

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