Doe v. Queen

In Doe v. Queen, 347 S.C. 4, 552 S.E.2d 761 (2001), the father and mother lived together for several months during which mother informed father that she was pregnant and wanted an abortion. Father objected and the parties severed their relationship shortly thereafter due to the abortion issue. Mother later told father she had had the abortion in another state. 347 S.C. at 6, 552 S.E.2d at 762. Several months later, mother signed a criminal warrant against father for assault with a deadly weapon. A condition of father's bond was that he have no contact with mother. A consent order subsequently prohibited father from going near mother for one year. Id. The child was born a few months later. Mother did not disclose father's address on the consent for adoption form. He was not notified of the birth until three months later when he was contacted by the prospective adoptive parents' attorney and asked to sign a consent for adoption. He advised the attorney he needed to consult with counsel, obtained counsel, and opposed the adoption. Between the time of his notification and the final hearing, father prepared a nursery and arranged medical insurance for the child. He testified that he had a bank account which contained savings for the child and had been putting money away since learning of the child's birth. Although the father did not make any contribution to the prospective adoptive parents for the child's support, father testified he was always willing to do so but they had obtained an order preventing disclosure of their names to either father or his counsel. He also testified he would reimburse them for their expenses. Id. In concluding father had made sufficient prompt and good faith efforts to assume parental responsibility, the supreme court noted several facts: (1) mother represented she had obtained an abortion; (2) mother undertook extraordinary efforts to conceal her pregnancy from father; (3) the prospective adoptive parents prevented disclosure of their identity to father or his counsel by court order; (4) father offered to reimburse the prospective adoptive parents' expenses; (5) father undertook steps to prepare a nursery, put money in a bank account, and arranged health insurance for the child. Id. at 9-10, 552 S.E.2d at 764. The Court held that the unwed father's efforts to assume parental responsibility were sufficient to require his consent to adoption. The biological mother informed Queen that she was pregnant and wanted an abortion. Queen attempted to convince the mother to keep the child. The two ended their relationship, and the mother informed Queen she had aborted the child. The mother and her new boyfriend signed a criminal warrant against Queen for assault with a deadly weapon, and as a condition of his bond, Queen was ordered to have no contact with the mother for one year. The child was born on September 21, 1998. When Queen was notified of the birth in November 1998 he obtained an attorney. He began saving money, prepared a nursery, and arranged for medical insurance for the child. The family court ordered that Queen's consent to adoption was required under section 20-7-1690 and Abernathy. The supreme court agreed with the family court: Initially, we find Queen should not be penalized for his actions, or lack thereof, prior to Tanner's birth. Mother left their apartment when she was approximately 8-10 weeks pregnant, telling Queen she intended to have an abortion. She thereafter lied, telling him she had, in fact, had an abortion in Atlanta. She then made every attempt to conceal from Queen the fact that she had not had an abortion, effectively isolating herself from him and, through court orders, ensuring that Queen could have no contact with her until well after the baby's birth. As we noted in Abernathy, "an unwed father's ability to cultivate his opportunity interest in his child can be thwarted by the refusal of the mother to accept the father's expressions of interest in and commitment to the child. . . . To mandate strict compliance with section 20-7-1690(A)(5)(b) would make an unwed father's right to withhold his consent to adoption dependent upon the whim of the unwed mother." 313 S.C. at 32-33, 437 S.E.2d at 29. This is clearly such a case. Given Mother's representations that she had obtained an abortion, coupled with her extraordinary efforts to conceal her pregnancy from Queen, we find the preponderance of the evidence amply demonstrates that Queen's failure to support during the pregnancy was through no fault of his own and, accordingly, we decline to require literal compliance with the statute. Moreover, we find Queen's actions subsequent to learning of Tanner's birth demonstrate "sufficient prompt and good faith efforts to assume parental responsibility." The family court found Queen had made sufficient efforts in that he had "established a nursery, arranged for health insurance and began a savings account for the child." We agree. While Queen conceded he had not paid support during the ten-month period prior to the hearing, he testified he was willing to do so, and would reimburse the adoptive parents for their expenses. Further, due to a February 1999 order preventing the disclosure of the identity of the adoptive parents, Queen was unaware of the name or identity of the Does, and/or their location. Under these circumstances, we simply cannot say that Queen's failure to support or visit Tanner defeats his constitutional interest in establishing a relationship with his son. When approached by the Doe's attorney, at which time Queen learned of Tanner's existence, Queen declined to sign a consent to adoption, instead indicating he needed to contact his attorney. For reasons unknown to this Court, his attorney sought and obtained an unlimited extension in which to file responsive pleadings such that an answer to the Doe's complaint was not filed until the day of the hearing. Although Queen testified he was willing and able to support the child, and had money in savings for Tanner, his mother testified that Queen's attorney never advised him to send any money to the Does. Given the circumstances of this case, and the fact that the Does were unwilling to reveal their identity or whereabouts, we find Queen took the only reasonably available alternative measures, to wit, establishing a nursery, putting money in a bank account, and taking steps to provide for Tanner when he received custody. In our view, under the very limited facts of this case, we find Queen demonstrated sufficient prompt and good faith efforts to assume parental responsibility pursuant to Abernathy such that his literal compliance with section 20-7-1690(A)(5)(b) is excused. Accordingly, we concur with the family court that the adoption was properly denied and custody of Tanner should be transferred to Queen. (Queen, 347 S.C. at 8-10, 552 S.E.2d at 763-64.)