RB v. State, Department of Family Services

Summary

The Wyoming Supreme Court held that a biological father whose parental rights had been terminated lacked standing to challenge the adoption of the child in a separate adoption proceeding. The court also held that his challenge to service and the termination order constituted an impermissible collateral attack because the record did not show a lack of jurisdiction on its face. The court affirmed the order striking his appearance and objection and the decree of adoption.

Holdings

1. RB could not collaterally attack the termination order in the adoption proceeding because the record did not show on its face an absence of jurisdiction over him.
2. Because RB's parental rights had been terminated, he no longer had a legally protectible or tangible interest and therefore lacked standing to object to or otherwise participate in the adoption proceeding.

Questions Presented

1. Whether RB could collaterally attack the order terminating parental rights in the separate adoption proceeding based on alleged defects in service or identification.
2. Whether RB had standing to object to or otherwise participate in the adoption after his parental rights had been terminated.

Disposition

affirmed