South Dakota Court Case: In re Baby Boy K.

IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS OVER BABY BOY K., a Minor Child 

SUPREME COURT OF SOUTH DAKOTA 

1996 SD 33; 546 N.W.2d 86

November 30, 1995, ARGUED 

March 27, 1996, OPINION FILED 

As Corrected April 3, 1996. 

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, MINNEHAHA COUNTY, SOUTH DAKOTA. HONORABLE JUDITH MEIERHENRY, Judge. 

Affirmed. 

COUNSEL:
DOUGLAS P. CUMMINGS, JR., of EAST RIVER LEGAL SERVICES, Sioux Falls, South Dakota, Attorneys for appellant W.B.L., Jr.

DUANE C. ANDERSON of Christopherson, Bailin & Anderson, Sioux Falls, South Dakota, Attorneys for appellee Lutheran Social Services.

RON J. VOLESKY, Huron, South Dakota, Attorney for appellee adoptive parents. 

JUDGES:
MILLER, Chief Justice. AMUNDSON, KONENKAMP, and GILBERTSON, Justices, concur. SABERS, Justice, concurs in part and concurs in result in part. 

OPINIONBY:
MILLER 

OPINION:

MILLER, Chief Justice.
W.B.L., Jr., (W.B.L.) the alleged biological father of a child born out of wedlock, appeals the denial of his motion to vacate an order terminating the parental rights of the child's biological parents. We affirm.
FACTS
Mother, an unmarried woman, gave birth to Baby Boy K. [hereinafter Child] on February 12, 1994. Four days later, Mother filed a petition for voluntary termination of parental rights. According to this petition, the natural father of Child was unknown. In an accompanying affidavit, Mother stated:

That the alleged natural father of the above named minor child is unknown to her and only known as Daryl; that she cannot further identify him; that no person has come forth to acknowledge paternity; and that if she could identify him by personal observation, she would not know his complete name or address. That [Mother] was in the company of several different people on an evening in May, 1993, that during the course of the evening [Mother] was impregnated by a male unknown to her; that [Mother] did not share this information with anyone until after the birth of the child and has no knowledge of who or how to locate persons who might know this person.
The trial court ordered that notice of a hearing to terminate parental rights be served by publication in the Sioux Falls Argus Leader newspaper, not less than five days prior to the hearing. Accordingly, a notice appeared in that newspaper on February 19, 1994, addressed "TO: All Whom It May Concern/Daryl." The notice identified Child by Mother's last name (Baby Boy K__.).
On February 28, 1994, the trial court held a hearing on the petition to terminate parental rights. Mother and a social worker for Lutheran Social Services of South Dakota (LSS) were in attendance. No one appeared in response to the notice published in the newspaper. During the hearing, the following exchange occurred between the trial court and Mother: