New Mexico Court Case: Child Service v. Vestal

CHRISTIAN CHILD PLACEMENT SERVICE OF THE NEW MEXICO CHRISTIAN CHILDREN'S HOME, Petitioner-Appellee, v. JOHN E. VESTAL, Respondent-Appellant. 

Docket No. 19,036 

COURT OF APPEALS OF NEW MEXICO 

125 N.M. 426; 1998 NMCA 98; 962 P.2d 1261; 37 N.M. St. B. Bull. 34 

June 9, 1998, Filed 

APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY. ROBERT BRACK, District Judge. 

Affirmed. 

COUNSEL:
Eric D. Dixon, Attorney and Counselor at Law, P.A., Portales, NM, for Appellee. 

Randy Knudson, Doerr & Knudson, P.A., Portales, NM, for Appellant. 

Daniel R. Lindsey, Daniel R. Lindsey, P.A., Clovis, NM, Guardian ad Litem. 

JUDGES:
THOMAS A. DONNELLY, Judge. WE CONCUR: HARRIS L HARTZ, Chief Judge, M. CHRISTINA ARMIJO, Judge. 

OPINION:

OPINION

DONNELLY, Judge.

Respondent, the natural father of a minor child born to Stephanie S., a thirteen-year-old girl, appeals from an order terminating his parental rights and granting summary judgment in favor of Petitioner Christian Child Placement Service of the New Mexico Christian Children's Home. Two issues are raised on appeal: (1) whether the provisions of NMSA 1978, § 32A-5-19(C) (1993) (prior to 1997 amendment), declaring that paternal consent for adoption of a minor child conceived as a result of rape or incest is not required, violates Respondent's constitutional rights under the United States and New Mexico Constitutions; and (2) whether there were material, disputed issues of fact which preclude summary judgment. For the reasons discussed herein, we affirm.

Facts and Procedural Posture

Respondent plead guilty to criminal sexual penetration of a child, contrary to NMSA 1978, § 30-9-11(F) (1995). Stephanie S., the thirteen-year-old victim, gave birth to A.N., a baby girl, on August 4, 1997. Following the birth of the child, the unmarried mother executed a relinquishment and consent to adoption, and agreed to placement of A.N. with Petitioner pending such adoption.

On August 27, 1997, Petitioner filed a petition in the District Court of Roosevelt County, New Mexico, to terminate the parental rights of Respondent. Following the filing of the petition, the district court appointed a guardian ad litem for A.N. On October 21, 1997, Respondent filed a pro se answer to the petition, acknowledging that he is the "biological father and that Stephanie [S.] is the biological mother of a daughter born on August 4, 1997." Respondent's answer also admitted that he "was convicted of Criminal Sexual Penetration of a minor," n1 but alleged that the proposed "adoption [was] not in the best interests of the child."

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n1 Section 30-9-11(F) provides:

F. Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than and [is] not the spouse of that child.
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