Robb, C.J.
Case Summary and Issues
R.S.P. (“Fiancée”) appeals from the trial court’s denial of her petition to adopt J.T.A. (the “Child”). Fiancée raises two restated issues on appeal: 1) whether the trial court erred in concluding that the parental rights of the Child’s biological father, J.M.A. (“Father”), would have been terminated if the petition had been granted; and 2) whether there was sufficient evidence to support the trial court’s denial of the petition. Concluding that the trial court was mistaken regarding termination of Father’s rights, but that there was nonetheless sufficient evidence to support the denial of the petition, we affirm.
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Fiancée first argues that the trial court was mistaken in its construction of current Indiana law regarding termination of parental rights in intra-family adoptions. We agree. The trial court determined that, because Father and Fiancée were not married at the time of the hearing, if the adoption were granted then not only would Mother’s parental rights be severed, but Father’s rights would be severed as well. The trial court based this determination on a reading of Indiana Code sections 31-19-15-1 and -2. Section 31-19-15-1 provides, in relevant part:
(a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents are:
(1) relieved of all legal duties and obligations to the adopted child; and
(2) divested of all rights with respect to the child;
and the parent-child relationship is terminated after the adoption . . . .
And section 31-19-15-2 provides, in relevant part, an exception such that “(a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is not affected by the adoption.” However, in determining that Father’s parental rights would be terminated under this statute because he was not married to Fiancée, the court overlooked relevant case law.
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…It is clear from the policy underlying the divesting statute, and the overarching concern for the best interest of the child, that it would be absurd and contrary to the intent of the legislature to divest Father of his parental rights where he would continue to live in a family unit with the Child and parent the Child. Father’s parental rights would not have been terminated had the adoption been granted.
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FRIEDLANDER, J., and CRONE, J., concur.