In re Paternity of MGS

• Decision Date: 11 October 2001
• Docket Number: No. 64A03-0104-JV-120.,64A03-0104-JV-120.
• Citation: 756 N.E.2d 990
• Parties: In the Matter of the PATERNITY OF M.G.S. Joel W. Wachowski, Appellant-Petitioner, In re the Adoption of M.G.S. Joel W. Wachowski, Appellant-Petitioner, v. John and Sarah Beke, Appellee-Respondents.
• Court: Indiana Appellate Court

756 N.E.2d 990

In the Matter of the PATERNITY OF M.G.S.

Joel W. Wachowski, Appellant-Petitioner,

In re the Adoption of M.G.S.

Joel W. Wachowski, Appellant-Petitioner, v. John and Sarah Beke, Appellee-Respondents.

No. 64A03-0104-JV-120.

Court of Appeals of Indiana.

October 11, 2001.

David L. Chidester, Valparaiso, IN, Attorney for Appellant.

OPINION

BAKER, Judge.

Appellant-petitioner Joel W. Wachowski appeals the trial court's judgment that his consent to the adoption of M.G.S., his minor daughter, is irrevocably implied because he failed to file a paternity action within thirty days of receiving notice of the proposed adoption in accordance with IND. CODE § 31-19-9-15. Specifically, Wachowski claims that: 1) the thirty-day time limit is not jurisdictional and the trial court erred in failing to consider any equitable deviations from the time limit; 2) the trial court erred in finding that the prospective adoption petitioners complied with the statutory pre-birth notice of adoption requirements; and 3) Indiana's statutorily created "irrevocable implied consent" to adoption by the putative father violates his constitutional due process and equal protection rights.

FACTS

The facts most favorable to the judgment are that Natalie Soltysik and Wachowski were involved in a relationship, during which Soltysik became pregnant. While she was pregnant, Soltysik began to consider putting the baby up for adoption. She determined that if she and Wachowski established a permanent relationship, then they would keep the baby and raise it together; otherwise, she would place the baby for adoption by her sister and brother-in-law, Sarah and John Beke (the Bekes).

Before the birth of the child, the Bekes had an attorney prepare a document on their behalf as prospective adoptive parents. On April 5, 2000, Natalie's brother, David Soltysik, served Wachowski with the document entitled "Notice Pursuant to Indiana Code § 31-19-3-1" (Notice). Appendix at 37. The Notice informed Wachowski that Soltysik intended to put the baby up for adoption. It also advised Wachowski that in order to contest the adoption, he must file a paternity action to establish a relationship with the unborn child within thirty days after receiving this Notice, or his consent to the adoption would be irrevocably implied. App. at 37. Consequently, he would lose "the right to contest the adoption, the validity of his implied consent to the adoption, the termination of the parent-child relationship, and the validity of his implied consent to the termination of the parent-child relationship." App. at 37. Below the attorney's signature at the base of the Notice, was a clause stating: "I further acknowledge that nothing that the mother of the child or anyone else may tell me about her intentions regarding a possible adoption of the child can relieve me of the obligations imposed upon me having received this notice." App. at 37. This language regarding any representations by the mother and other persons was repeated in the acknowledgement of receipt clause at the bottom of the Notice. Wachowski kept the Notice and did not execute an acknowledgement of receipt.

Wachowski failed to file a paternity action within thirty days of receiving the Notice. He testified that he relied upon Soltysik's representations that adoption was just one option she was considering, and that he need not sign the form or unnecessarily concern himself about it. Record at 29. Soltysik also informed Wachowski that if adoption was decided, she had made arrangements with an attorney. Soltysik gave birth to a daughter, M.G.S., on May 23, 2000. Wachowski took flowers to the hospital and visited the baby in the nursery. He also purchased a car seat and some clothes for the baby.¹ Wachowski registered as a putative father with the Indiana Department of Health on June 15, 2000. Two weeks after M.G.S's birth, Soltysik told Wachowski that their relationship was over. When M.G.S. was one month old, Soltysik consented to her adoption by the Bekes.

On July 19, 2000, Wachowski filed a paternity action in the Porter Circuit Court. The Bekes filed motions to intervene in the paternity action and for dismissal. On August 17, 2000, the Bekes filed their petition for adoption in the St. Joseph Circuit Court. The paternity proceeding was subsequently consolidated into the adoption proceeding in Porter Circuit Court.

The Porter Circuit Court held a hearing on the paternity and adoption issues on December 6, 2000. On March 22, 2001, the trial court issued its order and findings. Specifically, the trial court found that the Bekes had complied with I.C. § 31-19-3-1 in giving pre-birth notice of the adoption to Wachowski. The trial court also found that Wachowski had failed to file his paternity action within thirty days of receiving notice of the adoption and, therefore, his consent to adoption was irrevocably implied pursuant to I.C. § 31-19-9-15. App. at 14. Accordingly, the trial court found that Wachowski "is not entitled to contest the adoption filed herein or the validity of his consent to the adoption, nor is he entitled to establish paternity of the child in this proceeding." App. at 14. Wachowski now appeals.

DISCUSSION AND DECISION

I. Standard of Review

The trial court in this case entered its own findings of fact pursuant to Ind.Trial Rule 52(A). When reviewing such findings, we employ a two-tiered standard of review. Reinking v. Metro. Bd. of Zoning Appeals of Marion County, 671 N.E.2d 137, 140 (Ind.Ct.App.1996). First, we determine whether the findings support the judgment. Id. Then, we determine whether the conclusions of law and the judgment are clearly erroneous based upon the findings of the court. Id. When a trial court enters such findings sua sponte, the specific findings control only as to the issues they cover, while a general judgment standard applies to any issue upon which the court has not entered findings. Id. We may affirm a general judgment on any theory supported by the evidence. Id. We must determine whether the conclusions of law and judgment are clearly erroneous in light of the findings. Id.²

II. Wachowski's Claims

A. Jurisdiction

Wachowski first contends that the thirty-day time limit imposed by I.C. § 31-19-9-15³ is not jurisdictional, and the trial court should have concluded that his irrevocable implied consent was inequitable because his behavior clearly evinced an intent to establish parental rights. Specifically, Wachowski asserts that equitable deviation from the statutory time limit is warranted because he registered with the putative father registry twenty-three days after M.G.S.'s birth, tendered gifts to the mother and child, visited them at the hospital, discussed plans for their future, and filed his paternity action before the prospective adoptive parents filed their adoption petition. Appellant's brief at 8.

We initially note that jurisdiction "embraces three essential elements": jurisdiction of the subject matter, jurisdiction of the person, and jurisdiction of the particular case. State ex rel. Dean v. Tipton Circuit Court, 242 Ind. 642, 653, 181 N.E.2d 230, 235 (1962). Subject matter jurisdiction is the power of a court to hear a class of cases, while jurisdiction over the case is the power of the court to hear a particular case within the class of cases. Dixon v. Siwy, 661 N.E.2d 600, 605 n. 10 (Ind.Ct.App.1996). In this instance, it is undisputed that the trial court has subject matter over paternity actions. At issue, is whether the trial court had jurisdiction over this particular case, where the putative father filed the paternity action beyond the time limit set forth in the adoption statute.

In addressing this issue, we note that, while an ordinary statute of limitations may be waived and is subject to equitable tolling, a nonclaim statute is not. Burnett v. Villaneuve, 685 N.E.2d 1103, 1107 (Ind.Ct.App.1997). "A nonclaim statute is one which creates a right of action and has inherent in it the denial of a right of action. It imposes a condition precedent— the time element which is part of the action itself." Wawrinchak v. United States Steel Corp., 148 Ind.App. 444, 267 N.E.2d 395, 399 (1971). While nonclaim statutes limit the time in which a claim may be filed or an action brought, they have nothing in common and are not to be confused with general statutes of limitation. Donnella v. Crady, 135 Ind.App. 60, 63, 185 N.E.2d 623, 624 (1962), trans. denied. "The former creates a right of action if commenced within the time prescribed by the statute, whereas the latter creates a defense to an action brought after the expiration of the time allowed by law for the bringing of such an action." Id.

Thus, a statute is a nonclaim statute when "there is clearly evidenced a legislative intent in [the] statute to not merely withhold the remedy, but to take away the right of recovery where a claimant fails to present his claim as provided in the statute." Rising Sun State Bank v. Fessler, 400 N.E.2d 1164, 1166 (Ind.Ct. App.1980). While equitable principles may extend the time for commencing an action under statutes of limitations, nonclaim statutes impose a condition precedent to the enforcement of a right of action and are not subject to equitable exceptions. See id.

Before addressing the relevant portions of the adoption statute, we note that this statute creates a statutory proceeding unknown at common law. Adoptive Parents of M.L.V. v. Wilkens, 598 N.E.2d 1054, 1056 (Ind.1992). Accordingly, the statute must be strictly construed in favor of the rights of natural parents. Id. When interpreting the language of a statute, this court must construe it with due regard for all other sections of the act and with regard for the legislative intent to carry out the spirit and purpose of the act. Detterline v. Bonaventura, 465 N.E.2d 215, 218 (Ind.Ct.App.1984),trans. denied. We presume that the legislature intended its language to be applied in a...