In re Adoption of Baby Girl G.Annotate this Case
In this appeal from the termination of Father's parental rights consequent to an adoption, the Supreme Court affirmed the opinion of the court of appeals affirming the termination, holding that the district court correctly terminated Father's parental rights and that Father's constitutional challenge to Kan. Stat. Ann. 59-2136 was not preserved for review.
In his petition for review, Father challenged the factual basis for the termination order and also challenged, for the first time, the constitutionality of Kan. Stat. Ann. 59-2136(h)(1)(D), on which the termination was based. The Supreme Court affirmed, holding (1) this Court declines to address the constitutional issue because it was raised neither in the district court nor in the court of appeals; and (2) the court of appeals correctly upheld the district court's finding that Father failed to support the mother during the last six months of her pregnancy without reasonable cause excusing the lack of support.