(Download) "Matter of Adoption of R.S.C." by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Matter of Adoption of R.S.C.
- Author : Supreme Court of the United States
- Release Date : January 11, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The primary issue to be resolved in this case is whether a biological mother can be foreclosed from an action to declare the nonexistence of a presumptive father and child relationship upon a finding by the district court that the action was not brought within a reasonable time or whether, on the other hand, the determination by the trial court constitutes an abuse of discretion. Collateral issues abound relating to abuse of discretion on the part of the trial court in decreeing adoption in favor of the presumptive father; error in connection with that proceeding because of insufficient notice to the biological father; whether the consent of the biological mother to adoption by the presumptive father was required; and, if so, whether it was given. The district court concluded the biological mother was foreclosed from an action to declare the nonexistence of the presumptive father and child relationship; ruled it was in the best interests of the child to maintain the parental rights and custody of the presumptive father; and granted the petition of the presumptive father to adopt the child. We hold there was no abuse of discretion in the action of the trial court in foreclosing the effort of the biological mother to declare the nonexistence of the presumed father and child relationship and in denying the petition of the biological mothers second husband for adoption. However, because the presumptive father enjoys the rights of a natural parent, the award of a decree of adoption to him was superfluous. We affirm the judgment of the trial court in all respects except that the decree of adoption in favor of the presumptive father is vacated as an unnecessary judicial determination.
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