In re Adoption of Gibson

Our recent decision in In re Adoption of Holcomb (1985), 18 Ohio St. 3d 361, settled the issue certified to us. Holcomb also prescribes the standard of proof necessary to prevail in an adoption-without-consent case. This court stated at 368 that:

“* * * Because cases such as these may involve the termination of fun*172damental parental rights, the party petitioning for adoption has the burden of proving, by clear and convincing evidence, that the parent failed to communicate with the child during the requisite one-year period and that there was no justifiable cause for the failure of…