In re Adoption of F.M.W.

Summary

The Second District Court of Appeals affirmed a probate court’s judgment granting a maternal grandmother’s adoption petition and determining that the incarcerated biological father’s consent was not required. The court held that the father failed to file a timely written objection after receiving the statutory notice, so his consent was excused under Ohio Revised Code 3107.07(I).

Holdings

1. A parent whose consent is required for an adoption does not retain the right to withhold consent when, after receiving notice complying with R.C. 3107.11(A)(1) and (B), the parent fails to file a timely written objection and appear at the adoption hearing as required by the notice.
2. Service by certified mail with a return receipt filed in the probate court satisfied the applicable service requirements, and the notice itself complied with R.C. 3107.11(B).

Questions Presented

1. Whether Father's consent to the adoption was required when he was served with the statutory notice of the adoption petition but failed to file a written objection and failed to appear at the hearing.
2. Whether the probate court properly determined that Father's failure to comply with the notice requirements excused the requirement of his consent under R.C. 3107.07(I).

Disposition

affirmed