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Published by the Indiana Office of Court Services

In re Adoption of A.F., No. 22A-AD-288, __ N.E.3d __ (Ind. Ct. App., July 7, 2022).

July 11, 2022 Filed Under: Civil Tagged With: Appeals, E. Najam

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Najam, J.

Statement of the Case

W.G. (“Adoptive Mother”) and L.G. (Adoptive Father”) (collectively, “Adoptive Parents”) filed petitions to adopt their great-grandchildren. After both parties had completed the necessary steps but prior to the final hearing, Adoptive Father died. Following the final hearing, the trial court granted the petitions as to Adoptive Mother but denied them as to Adoptive Father. In this consolidated appeal, Adoptive Mother, individually and on behalf of Adoptive Father, raises one issue for our review, namely, whether the court erred when it determined that it could not grant the petitions as to Adoptive Father because he was deceased. [Footnote omitted.]

We affirm.

….

On appeal, Adoptive Mother contends that the court erred when it did not grant the adoption petitions as to Adoptive Father because Adoptive Father completed all of the necessary steps to adopt the Children prior to his death. Specifically, Adoptive Mother maintains that Adoptive Father “executed verified petitions” to adopt the Children, that DCS consented to the adoptions while Adoptive Father was alive, and that Adoptive Father “completed the statutorily required criminal and child protective services background checks[.]” Appellant’s Br. at 14. And, while Adoptive Father died before the final hearing and was thus unable to testify, Adoptive Mother contends that the evidence presented to the trial court “demonstrated that both [Adoptive Parents] had sufficient ability to raise the [C]hildren and furnish suitable support and education.” Id. at 15-16.

….

Adoptive Mother is correct that, with Adoptive Father’s cooperation and assistance, DCS was able to complete a home study and submit its report consenting to the adoption. In addition, DCS was able to determine that Adoptive Father did not have a criminal history that would prohibit him from adopting the Children. And Adoptive Mother presented evidence that the adoption of the Children was in their best interests. However, the undisputed evidence also demonstrates that Adoptive Father died prior to the final hearing. It is readily apparent that a deceased person cannot rear children or provide suitable support and education to children as required by Indiana Code Section 31-19-11-1(a)(2). While the undisputed evidence demonstrates that Adoptive Father loved and cared for the Children while he was alive, Adoptive Father’s death means he is no longer able to provide care or support for the Children.

….

In sum, a trial court can only grant an adoption petition if it determines that the petitioner is of sufficient ability to rear a child and to furnish the child with suitable support and education. But a deceased individual does not have that ability. Here, while there is no dispute that Adoptive Father loved the Children and cared for them while he was alive, Adoptive Father is no longer able to raise them or provide them with support. We therefore hold that the trial court did not err when it denied the adoption petitions as to Adoptive Father. We affirm the trial court.

Affirmed.

Bradford, C.J., and Bailey, J., concur.

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