In re Adoption of A.A.T.
Supreme Court of Kansas
196 P.3d 1180 (Kan. 2008)
After N.T. (defendant) became pregnant by M.P. (plaintiff), she left the state, falsely told him she'd had an abortion, and later took extensive steps to hide the child's birth and identity from him, including lying to the adoption agency, adoptive parents, and trial court about M.P.'s name and location; M.P. suspected she might still be pregnant but took no formal action — such as traveling to confirm the pregnancy, filing a paternity action, or registering as a putative father — and only learned of the child's birth and adoption six months later, after which genetic testing confirmed his paternity. The trial court found M.P.'s consent unnecessary for the adoption because he failed to timely assert his paternity claim, and M.P. appealed.
Whether the Due Process Clause gives a putative father a constitutionally protected right to notice of his biological child's adoption if he promptly takes affirmative steps to demonstrate a full commitment to parenting responsibilities.