District of Columbia Court Case: IN RE: BABY BOY C

IN RE: BABY BOY C. H.R., APPELLANT 

DISTRICT OF COLUMBIA COURT OF APPEALS 

630 A.2d 670 

September 30, 1992, Argued 

August 19, 1993, Decided 

Appeal from the Superior Court of the District of Columbia. (Hon. Joan Zeldon, Trial Judge) 

Affirmed. 

COUNSEL:
Stephen A. Fennell, with whom Steven J. Barber and Thomas C. Jones, Jr., were on the brief, for appellant.

Leslie Scherr, with whom Susan L. Biro and Arthur G. Sapper were on the brief, for appellees. 

JUDGES:
Before: FERREN, TERRY, and WAGNER, Associate Judges. 

OPINION:

TERRY, Associate Judge: This case comes before the court for the second time. It involves the adoption of a child known in court records as "Baby Boy C.," the son of L.C. (the mother) and H.R. (the father and appellant). Mr. and Mrs. O., with whom custody of the child was placed soon after birth, filed a petition for adoption in the Superior Court. After extended litigation, that court granted the petition, finding by clear and convincing evidence that adoption by the O. family was in the child's best interest. In the father's appeal from that ruling, this court remanded the case to the trial court with directions to apply the statutory "best interest of the child" standard, n1 while at the same time recognizing "a preference for a fit unwed father who has grasped his opportunity interest." Appeal of H.R. 581 A.2d 1141, 1143 (D.C. 1990) (hereafter "H.R. I"). Because the original trial judge had died while the appeal was pending, a second trial was held before a new judge in October 1991. About three months later, that judge issued a memorandum opinion and order granting again the petition for adoption. In re Baby Boy C., 120 Daily Wash. L. Rptr. 1309 (D.C. Super. Ct. January 3, 1992).

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n1 D.C. Code § 16-304 (e) (1989.).

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