Appellate Law

Adoption Without Father's Consent Was Void

A stepfather adopted his wife's biological child. Because the child's father had not consented to the adoption, however, as is required by Alabama statute, the adoption judgment was void. The father's appeal from that judgment was accordingly dismissed. M.M. v. D.P., No. 2080592 (Ala. Civ. App. Oct. 30, 2009).

Section 26-10A-7 of the Alabama Code requires a minor child's 'presumed father' to consent to his child's adoption. A presumed father thus has an 'absolute veto' over his child's adoption.

An earlier appeal in this case had established the child's biological father as a statutory 'presumed father,' and because no facts had changed since that determination, he continued to be a presumed father in the present proceedings under the 'law of the case' doctrine. The rest of this discussion will refer to him simply as the 'father.'

The child's stepfather filed a petition to adopt the child. The Probate Court granted that petition, and entered a judgment by which the stepfather adopted the child. The father had not consented to this adoption, expressly or impliedly, before the Probate Court entered its judgment.

Because the father had not consented to the adoption, the Probate Court was 'without jurisdiction' to grant the adoption petition, and its judgment doing so was void. A void judgment will not support an appeal, and the father's appeal was dismissed.
 

Full post as published by Alabama Appellate Watch on November 10, 2009 (boomark / email).