In the Matter of the Adoption of Baby Boy S.

22 Kan. App. 2d 119 (1996)

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In the Matter of the Adoption of Baby Boy S.

Kansas Court of Appeals
22 Kan. App. 2d 119 (1996)

Facts

R.S. became pregnant by V.A in July 1993 while living in Ohio. R.S. ended her relationship with V.A. in September 1993. V.A. unsuccessfully tried to resume his relationship with R.S., but V.A. did not inquire after the baby or offer R.S. any money, housing, or maternity clothes or to handle any medical bills. Around Thanksgiving, R.S. began considering adoption, and through a local attorney, R.S. chose a couple who resided in Wichita, Kansas. R.S. did not know about Kansas adoption laws. In January 1994, a Texas adoption agency sent V.A. a letter stating that R.S. intended to place the baby for adoption. The attorney for V.A.’s father sent a letter to the agency stating that V.A. opposed the adoption, intended to keep the baby, and acknowledged paternity, but did not offer any support for R.S. V.A. did not attempt to contact R.S., her family, or her friends to offer financial or other support. R.S. moved to Kansas in February 1994, obtaining a listed phone number. R.S. gave birth to Baby Boy S. on April 26, 1994. The adoptive couple took custody of Baby Boy S. a few days later, and R.S. remained in Kansas. In June 1994, V.A.’s father hired an agency that found R.S., but V.A. did not attempt to contact R.S. or establish visitation with the baby, despite knowing that the baby probably had been born in late April. In July 1994, the adoption agency served V.A. notice of the adoption proceeding. V.A. timely filed objections and requested custody. Applying Kansas law, the Kansas court terminated V.A.’s parental rights. Kansas law provided that if a natural father failed to provide support for the mother during the six months before birth, a court could terminate the father’s parental rights. V.A. appealed, arguing that he was not a Kansas resident and could not have anticipated R.S. would move to Kansas, and applying Kansas law allowed R.S. to forum shop for a state with favorable laws. V.A. argued his due-process rights were violated.

Rule of Law

Issue

Holding and Reasoning (Rulon, J.)

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