Legal Opinion

A.B. v. Jo.D.

Indiana Supreme Court

Decided December 16, 2010No. 49S02-1006-CV-330PublishedCited by 9 opinions

1Opinion of the Court

SULLIVAN, Justice.

A court approved a child's paternal grandparents' request to adopt the child without the child's mother's knowledge. Although the paternal grandparents did publish notice, they did not perform a diligent search reasonably calculated to determine the mother's whereabouts before doing so. As such, the mother did not receive the notice of the adoption proceedings required by law.

Background

On March 1, 2003, Mother gave birth to a baby «boy ("Child"). At the time, she was unmarried and incarcerated. A coworker of Mother, N.E., assisted at birth and within a few weeks, a court…

2Cases cited15 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Stidham v. WhelchelIndiana Supreme Court · 1998
  3. Munster v. GroceIndiana Court of Appeals · 2005
  4. Mueller v. MuellerIndiana Supreme Court · 1972
  5. Smith v. TisdalIndiana Court of Appeals · 1985

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3Cited by9 opinions

  1. Front Row Motors, LLC and Jerramy Johnson v. Scott JonesIndiana Supreme Court · 2014
  2. Hair v. Deutsche Bank National Trust Co.Indiana Court of Appeals · 2014
  3. Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)Indiana Court of Appeals · 2015
  4. Calvin Hair v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2003-1Indiana Court of Appeals · 2014
  5. Gillett v. Spirit Commercial Auto Risk Retention Group, Inc.District Court, W.D. Kentucky · 2020

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