A. M.-W. v. D. S. H. (In re Adopt. of G.)

“Pursuant to ORS 109.324, consent is not required in a stepparent adoption when the petitioner proves by clear and convincing evidence that the nonconsenting parent ‘willfully deserted or neglected the child without just and sufficient cause.’ To make this determination, the court considers what efforts the nonconsenting parent made to maintain the parent-child relationship in the year before the petition for adoption was filed.”

Father appealed a trial court ruling that granted stepfather’s adoption of G without father’s consent. Father claimed the trial court erred in its finding that he “willfully neglected” G and thus erred in allowing the adoption without father’s consent. Father claimed that his incarceration and the restraining order in place against him since 2019 constituted “just and sufficient” cause for his lack of contact with G, and that he attempted to set up supervised visitation during the year prior to the petition for adoption being filed.

The trial court found these factors were insufficient. Pursuant to ORS 109.324, consent is not required in a stepparent adoption when the petitioner proves by clear and convincing evidence that the nonconsenting parent “willfully deserted or neglected the child without just and sufficient cause.” To make this determination, the court considers what efforts the nonconsenting parent made to maintain the parent-child relationship in the year before the petition for adoption was filed. The appellate court concluded that father neglected G because father did not make a sufficient effort to contact G through direct or third-party means in the year before the petition for adoption was filed, outside of his attempt to set up supervised visitation. Accordingly, the court determined father’s consent was not needed to grant adoption.

"Affirmed."