David C. v. Alexis S.

When A.C. was born, Mother signed an affidavit of paternity falsely stating that A.C.’s father was unknown. Mother also signed a consent to adoption in favor of Petitioners. When Petitioners found no notice of claim of paternity associated with A.C., Petitioners filed a petition to adopt A.C. Meanwhile, having learned of the child’s birth, Father filed a paternity action. Unaware of the pending paternity action, the juvenile court granted A.C.’s adoption. Petitioners subsequently moved to dismiss the paternity case, and Father moved to set aside the adoption. Even though Father never filed a notice of claim of paternity with the putative fathers registry as statutorily required, the juvenile court set aside the adoption. The court of appeals affirmed. The Supreme Court affirmed, holding that because Father timely filed and served his paternity action, he preserved his right to establish paternity despite his failure strictly to comply with the putative father registration requirement. View "David C. v. Alexis S." on Justia Law