Legal Opinion
In Re the Matter of the Adoption of Minor Children C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.
Indiana Supreme Court
Decided August 16, 2013No. 37S03-1303-AD-159PublishedCited by 22 opinions
1Opinion of the Court
RUSH, Justice.
The foster parents of C.B.M. and C.R.M. adopted them while their natural mother’s termination of parental rights (TPR) appeal was still pending. Our statutes specifically allow those competing processes to overlap. But choosing to do so creates the devastating possibility of jeopardizing a finalized adoption if the underlying TPR judgment is later reversed on appeal.
That is exactly what happened here, and we cannot unscramble that egg. 1 Either the adoptive family prevails in violation of the natural mother’s constitutional rights, or the natural mother prevails at the risk of…
2Cases cited20 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Quilloin v. WalcottSupreme Court of the United States · 1978
- Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014
- J.A. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014
- David L. Jenner and Vickie Jenner v. Bloomington Cellular Services, Inc. and Crown Castle South LLC.Indiana Court of Appeals · 2017
- L.G. v. S.L.Indiana Court of Appeals · 2017
- CHINS: DC v. Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2017
17 more not listed; retrieve them via the Exa API.