In re Adoption of I.B.
Annotate this CaseAfter I.B. and W.B. were removed from their parents, both their paternal and maternal grandmothers petitioned to adopt them. The trial court found that it was in the best interests of the children for the maternal grandmother and her fiancé to adopt them the maternal grandmother had a prior felony conviction that statutorily disqualified her from adopting. The court of appeals affirmed, concluding that the statutory disqualification was unconstitutional as applied because it amounted to an irreubttable presumption in violation of due process. The Supreme court granted transfer and reversed, holding that the statute is constitutional, despite its harsh consequences under the facts of this case.
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