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ZOCKERT v. FANNING

TC 8805-63105; CA A49299; SC S36272.

800 P.2d 773 (1990)

310 Or. 514

In the matter of the Adoption of Christine Fanning, a Minor. Ermund ZOCKERT and Mona Zockert, Respondents On Review, v. Robert FANNING, Petitioner On Review.

Supreme Court of Oregon.

Decided November 8, 1990.

Attorney(s) appearing for the Case

Leilan J. Greer, Portland, argued the cause for the petitioner on review. With him on the petition was Nancy J. Snow and Family Law Center, Portland.

Thomas Boardman, Portland, argued the cause for respondents on review. On the response were Gregory S. Oldham and Boardman & Oldham, Portland.

Stephen K. Bushong and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

FADELEY, Justice.

At issue in this private adoption case are: (1) the applicable standard of proof for terminating a parent's status as the parent of a child subject to the adoption, and (2) the right of that parent, if indigent, to state-paid counsel.

Mr. and Mrs. Zockert petitioned to adopt Christine Fanning, alleging that father had "abandoned said child."1 The child's mother, who previously left the child in the care of the...

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