Matter of Adoption of Baby Boy W.

KAUGER, Justice,

with whom OPALA, C.J. joins, concurring in part and dissenting in part.

The result reached by the majority may arguably be in the best interest of the child, but it is not the law.1 I agree that in the absence of a trial transcript, we must presume that the trial court’s judgment was responsive to the evidence.2 However, the Decree Establishing Paternity provides in pertinent part:

“... 1. The court is satisfied that the requirements of the Uniform Child Custody Jurisdiction Act have been met, that the Indian Child Welfare Act does not apply since the Baby Boy W. has never been…