New Hampshire Court Case: In re Sky D.

In re SKY D. 

SUPREME COURT OF NEW HAMPSHIRE 

138 N.H. 543; 643 A.2d 529 

June 7, 1994, Decided 

Hillsborough County Probate Court 

Reversed. 

COUNSEL:
Charles H. Morang, of Concord, by brief and orally, for the plaintiff, Martin M.

Douglas & Douglas, of Concord (Charles g. Douglas, III and C. Kevin Leonard on the brief, and Mr. Douglas orally), for the defendant, Carlene D.

Chamberlain and Connor, and Manchester (Michael R. Chamberlain on the brief and orally), for Child and Family Services of New Hampshire, as amicus curiae. 

JUDGES:
BROCK 

OPINIONBY:
BROCK 

OPINION:

BROCK, C.J. The plaintiff, Martin M., petitioned to vacate a decree of adoption on the ground that he was the natural father of the adopted child, Sky D., and had not been given proper notice of the adoption proceedings. The Hillsborough County Probate Court (Cloutier, J.) denied his petition ruling that because the plaintiff had not filed with the office of child support enforcement, as required by RSA 170-B:5-a, I(c) (1990) (current version at RSA 170-B:5-a, I(c) (Supp. 1993)) and RSA 170-B:6 (1990), he was not entitled to notice of the adoption proceedings. We reverse.
The plaintiff and the defendant, the mother of Sky D., lived together in Pennsylvania for several months during 1990. During that time, she became pregnant. While she was pregnant, she repeatedly acknowledged that the plaintiff was the father of the child. The defendant moved out of the plaintiff's home before the child, Sky D., was born in June 1991, and had little contact with the plaintiff thereafter, despite his attempts to see her and the child. She moved to New Hampshire during the summer of 1991 and married another man.
In October 1991, the plaintiff filed a petition for custody of the child in the Merrimack County Superior Court. In January 1992, the defendant and her new husband filed a petition to adopt the child in Hillsborough County Probate Court. At the end of January, in response to the Merrimack County Superior Court's order in his pending custody suit, the plaintiff filed a petition to legitimate the child. The Hillsborough County Probate Court issued a certificate of adoption on March 19, 1992. The Merrimack County Superior Court then stayed the plaintiff's action to legitimate Sky D. to allow him an opportunity to challenge the legality of the adoption in Hillsborough County Probate Court.
In May 1992, the plaintiff petitioned to vacate the adoption because he had not been given notice of the adoption proceeding. The probate court denied the petition stating that the plaintiff "is not within the class of people who are entitled to notice under New Hampshire law." The plaintiff appealed.

Rate this article     Low		High