In re to Adopt J.M.D.

The opinion of the court was delivered by

Johnson, J.:

S.M.H. (Mother) is the biological mother of J.M.D. and K.N.D. Her current husband (Stepfather) petitioned to adopt the children without the consent of their biological father, M.A.D. (Father). The district court determined that Fathers consent to the adoption was unnecessary, terminated Father s parental rights, and granted Stepfather s adoption. In a split decision, the Court of Appeals reversed, finding insufficient evidence to support the district court’s determination that Father had failed to assume his parental duties for the 2…