In Re Adoption of Hupp

Respectfully, I dissent.

The majority has chosen to equate the rights and duties of a parent under the newly worded statute to that of the former statute. The statute, in my opinion, clearly does not require “abandonment” by a parent to permit the court to waive his consent.

The use of the term “failed without justifiable cause” is new to the statute as passed in 1977. Although the language was changed from “willfully failed” in former R.C. 3107.06(B)(4), the purpose behind both provisions is the same. In re Adoption of McDermitt (1980), 63 Ohio St. 2d 301 [17 O.O.3d 195]. The change in the…