In re D.D.H.
In re D.D.H.
Opinion of the Court
¶ 1. Patrick Latrell Gray and Felecia Hannah Dotch petitioned the Attala County Chancery Court to allow Gray to adopt D.D.H. without terminating Dotch's parental rights. After consideration, the chancellor denied the petition. Aggrieved, Gray and Dotch appeal, arguing that their due-process and equal-protection rights were infringed.
¶ 2. After review, we reverse. The chancellor erred, as a matter of law, in finding that Mississippi Code Sections 93-17-3(4) and 93-17-13(2) (Supp. 2017) bar the adoption. As D.D.H.'s adoption by Gray is not barred by statute, it is unnecessary for this Court to perform a constitutional analysis of Sections 93-17-3(4) and 93-17-13(2).
STATEMENT OF FACTS
¶ 3. On August 21, 2003, Dotch gave birth to a daughter, D.D.H. Dotch and Gray have never been married, and only Dotch is listed on D.D.H.'s birth certificate. Near the time of D.D.H.'s conception, however, Dotch and Gray were in a romantic relationship, and both believed that Gray was D.D.H.'s father. Early in her life, D.D.H. lived with Gray and Gray's mother. When D.D.H. was old enough to attend school, she began to live with Dotch. During this time, Gray exercised *451visitation with D.D.H. and continued to provide financial support to her.
¶ 4. More than a decade after D.D.H's birth, Gray discovered that he was not her biological father. After this, Gray continued to visit and support D.D.H. The identity of D.D.H.'s biological father is not known. Currently, Gray and Dotch both are married to other people.
¶ 5. Upon discovering that Gray was not D.D.H.'s biological father, Gray and Dotch petitioned the Attala County Chancery Court to allow Gray to adopt D.D.H. In the petition, the parties requested that Gray be allowed to adopt D.D.H. and Dotch be allowed to retain "care, custody, and control" of D.D.H. Gray and Dotch claimed that the adoption was in D.D.H.'s best interest.
¶ 6. At a hearing on the petition, the chancellor denied the petition for adoption under Mississippi Code Sections 93-17-3(4) and 93-17-13(2). In denying the petition, the chancellor stated, "I think it may be [in] the child's best interest to be adopted. I think this statute ties my hands...."
¶ 7. After denying the petition, the chancellor allowed an offer of proof. Dotch testified that D.D.H. was "very strongly attached to [Gray] because he's the only father that's been in her life and been doing for her." She also stated that "when [D.D.H.] was younger, she spent more time with [Gray and Gray's mother] than she did with me.... She cares a lot for him." Dotch also stated that Gray had always held himself out as D.D.H.'s father. Dotch maintained that she wanted to retain her parental rights after Gray's adoption of D.D.H. Gray testified that he had a "[g]ood" relationship with D.D.H. and that he had supported her financially since birth. Gray maintained that D.D.H. regularly visited him on two weekends out of each month. He also testified that his wife and D.D.H. "get along good [sic]."
¶ 8. Gray and Dotch both appeal the denial of the petition. On appeal, they maintain that Sections 93-17-3(4) and 93-17-13(2) violate their due-process rights under the United States and Mississippi Constitutions and their equal-protection rights under the United States Constitution. Gray and Dotch also assert that the denial of the petition violates D.D.H.'s equal-protection rights under the United States Constitution. Gray and Dotch properly served a copy of their brief on the Attorney General under Mississippi Rule of Appellate Procedure 44(a). M.R.A.P. 44(a). The deadline for the Attorney General to respond to the brief has passed. See M.R.A.P. 44(b).
STANDARD OF REVIEW
¶ 9. Statutory interpretation is a matter of law which we review de novo. 5K Farms, Inc. v. Mississippi Dep't of Revenue ,
ANALYSIS
¶ 10. Today, we need not reach the constitutional claims before us. Instead, we begin with an analysis of the plain-language meaning of the statutes at issue. As discussed below, this analysis will determine the merits of the appeal without violating any of the petitioners' constitutional rights.
I. The plain language of Sections 93-17-3 and 93-17-13 permits Gray to adopt D.D.H. without terminating Dotch's parental rights.
¶ 11. The Court's role "is not to decide what a statute should provide, but to determine what it does provide." Lawson v. Honeywell Int'l, Inc. ,
¶ 12. However, "the ultimate goal of this Court is to discern the legislative intent." Mississippi Methodist Hosp. & Rehab. Ctr., Inc. ,
A. Mississippi Code Section 93-17-3
¶ 13. The first section to consider is Section 93-17-3(4). Section 93-17-3(4) provides in pertinent part that "[a]ny person may be adopted in accordance with the provisions of this chapter in term-time or in vacation by an unmarried adult or by a married person whose spouse joins in the petition. "
¶ 14. Section 93-17-3(4) sets out requirements for an adoption, detailing the jurisdiction and venue for adoption proceedings and detailing the petition's requirements-such as the joinder of both spouses when married and a doctor's or nurse practitioner's certificate of the health of the child.
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¶ 15. Section 93-17-3 is unambiguous. The requirements are clear, and we see no reason why they should not be followed in the instant case. Simply put, Gray's spouse must join him in his petition to adopt D.D.H.
¶ 16. In an adoption proceeding, the best interests of the child are paramount, and the Court reviews adoptions to ensure the chancellor considered the best interests of the child. In re Adoption of D.N.T. ,
B. Mississippi Code Section 93-17-13
¶ 17. The second section before us is Section 93-17-13(2), which explains the effect of the final adoption decree. It states:
(2) The final decree shall adjudicate, in addition to such other provisions as may be found by the court to be proper for the protection of the interests of the child ; and its effect, unless otherwise specifically provided , shall be that (a) the child shall inherit from and through the adopting parents and shall likewise inherit from the other children of the adopting parents to the same extent and under the same conditions as provided for the inheritance between brothers and sisters of the full blood by the laws of descent and distribution of the State of Mississippi, and that the adopting parents and their other children shall inherit from the child, just as if such child had been born to the adopting parents in lawful wedlock; (b) the child and the adopting parents and adoptive kindred are vested with all of the rights, powers, duties and obligations, respectively, as if such child had been born to the adopting parents in lawful wedlock, including all rights existing by virtue of Section 11-7-13, Mississippi Code of 1972; provided, however, that inheritance by or from the adopted child shall be governed by paragraph (a) above; (c) that the name of the child shall be changed if desired; and (d) that the natural parents and natural kindred of the child shall not inherit by or through the child except as to a natural parent who is the spouse of the adopting parent, and all parental rights of the natural parent, or parents, shall be terminated , except as to a natural parent who is the spouse of the adopting parent. Nothing in this chapter shall restrict the *454right of any person to dispose of property under a last will and testament.
¶ 18. Section 93-17-13(2) provides the general effect of the final adoption decree. Further, the first part of the statute notes the paramount concern in an adoption: the best interests of the child. It states that the final decree may contain "provisions as may be found by the court to be proper for the protection of the interests of the child...."
¶ 19. In Humphrey v. Pannell ,
¶ 20. First, it upheld the chancellor's refusal to set aside the adoption.
¶ 21. The Court then considered the "unless otherwise specifically provided" language of Section 93-17-13(2).
was not intended by the Legislature to grant a natural parent the right to weaken the legal bonds of the adoptive parent-child relationship by reserving the right to, in effect, sit and wait for the circumstances of the adoptive family to materially change and then divest the adoptive family of custody.
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¶ 22. Three years after Humphrey , the Court upheld a "joint adoption" or a nontraditional adoption. In re Adoption of P.B.H. ,
¶ 23. In 2002, the Court again spoke on the "unless otherwise specifically provided" language. The Court held, citing Humphrey as guidance, that "unless otherwise specifically provided" does not allow for post-adoption visitation. In re Adoption of J.E.B. ,
¶ 24. Although none of the above-cited cases speaks to the issue in the instant case, the three cases provide us with some guidance. Under Humphrey , the "unless otherwise specifically provided" language does not allow a "quasi-adoption," wherein a third party, aside from someone adopting as the mother and someone adopting as the father , retains all his parental rights. See Humphrey ,
¶ 25. Here, Gray is seeking to adopt as the father , and Dotch seeks to keep her natural parental rights as the mother. Therefore, Humphrey is distinguishable. Here, there is no third party; therefore, there is no quasi-adoption by a third party to the adoption seeking to exercise his or her natural parental rights at the expense of the adopting mother and father. Further, unlike In re J.E.B. , there is no third party seeking post-adoption visitation rights.
¶ 26. The instant adoption is more in line with the holding in In re P.B.H. If determined by the chancellor to be in best interests of the child, the instant adoption would be joint and nontraditional with Gray adopting as the father and the natural mother retaining her rights as the mother. Further, as shown by *456In re P.B.H. , Section 93-17-13(2) does not prevent the adoption. In fact, Section 93-17-13(2) grants the chancellor the authority to grant the adoption by noting the importance of the best interests of the child and by providing "unless otherwise specifically provided." See
¶ 27. Gray has been in D.D.H.'s life since her birth, acting as a natural parent and providing support and care for her. Even upon learning that he was not the natural father, Gray continued to fulfill the role of father in her life. As such, he has been acting "in loco parentis." Griffith v. Pell ,
¶ 28. Under the facts of the instant case, if the chancellor-on remand-makes a finding that the adoption is in the best interests of D.D.H., the "otherwise specifically stated" language of Section 93-17-13(2) allows Gray to adopt the child and allows Dotch to keep her parental rights. Our holding is narrowly tailored to the following facts: (1) Gray has acted in loco parentis; (2) he is seeking to adopt and would be adopting as the father; (3) he is seeking to raise the child in concert with Dotch, the natural mother; (4) his spouse will be joined to the proceeding, and (5) there are no third parties to the adoption seeking to keep parental rights.
¶ 29. Further, our holding is based upon the ultimate goal of the Court in adoption proceedings to keep the best interests of the child in the forefront. As we have recognized in the past, "[n]ot all adoptions are 'traditional.' The chancellor is in the best position to assess this question with respect to each adoption on a case by case basis." In re P.B.H. ,
¶ 30. This is the situation that we, as a Court, hope to see: a child who has a nonbiological father who has continued to care for her-despite his knowledge of the lack of biological kinship-and now wishes to recognize legally his bond with his daughter. We have stated: "[P]arental status that rises to the level of a constitutionally protected liberty interest does not rest solely on biological factors, but rather, is dependent upon an actual relationship with the child where the parent assumes responsibility for the child's emotional and financial needs." Griffith ,
II. Because Sections 93-17-3 and 93-17-13 allow the adoption, it is unnecessary to consider the petitioners' constitutional claims.
¶ 31. "The constitutionality of a statute will not be determined unless absolutely necessary to determine the merits of the litigation in which the constitutional issue has been presented." Roberts ,
¶ 32. Further, there is a strong presumption that legislative enactments are valid and constitutional. State ex rel. Hood v. Louisville Tire Ctr., Inc. ,
¶ 33. Because the Court turns to constitutional issues only when necessary, we choose not to address them today. If the chancellor finds the adoption to be in the best interests of D.D.H, Section 93-17-3(4) enables Gray's wife to join the petition, and Section 93-17-13(2) grants the chancellor authority to permit D.D.H.'s adoption by Gray without terminating Dotch's parental rights. Given that none of the petitioners' constitutional rights will be infringed, a constitutional analysis is not merited.
CONCLUSION
¶ 34. Upon remand, Gray's spouse must join the petition for adoption, in writing, pursuant to Section 93-17-3(4). After she does so, if the chancellor finds the adoption to be in the best interests of D.D.H, Section 93-17-13(2) enables him to grant the petition for adoption and issue a final decree that does not terminate Dotch's parental rights. Thus, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
¶ 35. REVERSED AND REMANDED.
WALLER, C.J., RANDOLPH AND KITCHENS, P.JJ., KING, COLEMAN, MAXWELL, BEAM AND ISHEE, JJ., CONCUR.
The chancellor recognized that "the unknown natural father was served in the manner required by law and was called in open court and did not appear."
Gray's wife would merely assume the role of step-parent.
The father was aware of the adoption within months of its occurrence, but contested the adoption only five years later. Humphrey ,
The mother had passed away. In re P.B.H. ,
Also, "[a]ny person who takes a child of another into his home and treats it as a member of his family, providing parental supervision, support and education, as if it were his own child is said to stand in loco parentis." Griffith ,
We also note that the biological father was properly served and failed to exercise his rights. The chancellor found that "the unknown natural father was served in the manner required by law and was called in open court and did not appear."
Reference
- Full Case Name
- The MATTER OF the ADOPTION OF the Child Described in the Petition: D.D.H., Patrick Latrell Gray and Felicia Hannah Dotch
- Status
- Published