J.W.V. v. J.L.W.

Under ORS 109.350(1),the standard for granting a petition for adoption provides, "the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption... be effected."

Mother appealed a judgment of adoption that terminated her parental rights and granted parental rights to Father and his wife. On appeal, Mother assigned error to the trial court granting the adoption and argued there was insufficient evidence to prove the adoption was in L’s best interest and that she had a substance abuse problem. Under ORS 109.350(1),the standard for granting a petition for adoption provides, "the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption... be effected." The Court reasoned that the trial court did not err in allowing the adoption and terminating Mother's parental rights because she had willfully neglected L for the year preceding the filing of the adoption without just and sufficient cause, thus the adoption was in L's best interest. Affirmed.