In Matter of the Adoption of Potts, C-080689 (3-20-2009)
In Matter of the Adoption of Potts, C-080689 (3-20-2009)
Opinion of the Court
{¶ 2} Alice was born on July 12, 2007, and three days later, without Williams's consent, the natural mother, Colleen Gifford, surrendered Alice to Adoption Professionals LLC. Adoption Professionals placed Alice with the Pottses, where she has been since then. They have petitioned to adopt Alice.
{¶ 3} Within 30 days of Alice's birth, Williams registered as a putative father under R.C.
{¶ 4} The Pottses argue that Williams "abandoned" Colleen and Alice, and thus his consent was unnecessary. Under R.C.
{¶ 5} Ohio courts have held that a putative father does not willfully abandon the mother when he offers assistance and support to the mother during the pregnancy, but the mother continually discourages such offers of assistance or support.1
{¶ 6} In the trial court, a magistrate found that Williams had not willfully abandoned Colleen during the pregnancy, and the trial court adopted the magistrate's finding. After considering the matter carefully, the magistrate and the trial court ruled that Williams's consent to the adoption was necessary. Their decision was correct. (The trial court implicitly based its ruling on R.C.
{¶ 7} Williams could not have done more. He offered support, and his offer was answered with the threat of a protective order against him. He was repeatedly reproached by Colleen for offering support and was told on multiple occasions that the child was not his. Yet Williams persevered, and his consent to the adoption was required. We affirm the trial court's judgment.
Judgment affirmed. HILDEBRANDT, P.J., and DINKELACKER, J., concur.
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