Louisiana Court Case: Adoption of A.P.C & R.P.C.

IN RE: ADOPTION OF A.P.C. AND R.P.C. 

NUMBER 00-CA-1381 

COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT 

00-1381 (La.App. 5 Cir, 12/13/00);

776 So. 2d 567 

December 13, 2000, Decided 

COUNSEL:
CRAIG E. GIBBS, New Orleans, Louisiana, Counsel for Paul Buras, Mover-Appellant.

HOWARD B. KAPLAN, Bernard, Cassisa, Elliott & Davis, Metairie, Louisiana, Counsel for Acorn Adoption, Inc., Opponent-on-Motion/Appellee. 

JUDGES:
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy and Walter J. Rothschild, Pro Tempore. 

OPINIONBY:
SUSAN M. CHEHARDY 

OPINION:
This appeal arises in a proceeding to adopt twin male children. The children's biological father seeks review of a judgment that terminated his parental rights. We affirm.
The children, A.P.C. and R.C.C., were born on July 31, 1999 to S.E.C., a single woman. n1 No father was named on the birth certificate. On February 23, 2000 S.E.C. executed voluntary acts of surrender of the children. Pursuant to La.Ch.C. art. 1132 the alleged father, P.C.B., was notified of the surrender on March 14, 2000. On March 30, 2000 P.C.B. filed a timely motion in opposition to the adoption, pursuant to La.Ch.C. art. 1137.

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n1 In keeping with the confidentiality requirements of adoption proceedings, we designate by initials all persons whose identity is relevant to the identity of the children. 

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After an evidentiary hearing, the juvenile court found that P.C.B. failed to prove that he had made a substantial commitment to his parental responsibilities and that he is a fit parent. Accordingly, the court terminated his parental rights and declared the children available for adoption. 
P.C.B. appeals, contending the juvenile court committed manifest error and was clearly erroneous in terminating his parental rights and obligations under Louisiana Children's Code Article 1138. He asserts that not only did he acknowledge his paternity of the children at the hearing, but also he proved by a preponderance of the evidence his fitness as a parent, his substantial commitment to his parental responsibilities, and his willingness and ability to assume legal and physical care of the children. P.C.B. seeks reversal of the juvenile court's ruling and an order granting him physical and legal custody of the children. 

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