C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor,
180 SW3d 485 (Ky., App., 2005)
Adoption without the consent of living biological parent is
by its very nature a proceeding seeking the termination of a
parental right. When statutes conflict, the more specific statute
prevails. Held that a party denied right to adopt has a right of
appeal.
C.M.C. and C.L.C. v. A.L.W.; P.L.S.; and B.R.C.S.,a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and M.P.W., a Minor;
S.A.S. and T.L.S. v. A.L.W.; P.L.S.; and A.L.W. II, a Minor,
180 SW3d 485 (Ky., App., 2005)
Adoption without the consent of living biological parent is
by its very nature a proceeding seeking the termination of a
parental right. When statutes conflict, the more specific statute
prevails. Held that a party denied right to adopt has a right of
appeal.
The trial court denied a petition to adopt four children without the consent of their biological mother, which places in issue the involuntary termination of the biological mother’s parental rights.
The adoptive party appealed. KRS 625.110 provides that “an order for the involuntary termination of parental rights shall be conclusive…, except that an appeal may be taken from a judgment…involuntarily terminating parental rights.”
KRS 199.560 provides “any party to an adoption proceeding shall have the same right to appeal to the Court of Appeals as in any other equity action.”
Held: Party denied right to adopt may appeal. An adoption without the consent of the living biological parent is, by its very nature, a proceeding seeking the termination of a parental right. When statutes conflict, the more specific statute prevails. This is an adoption proceeding, not a termination proceeding, even though the mother’s parental rights would be terminated if the adoption were granted.
