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IN RE J.M.D.

No. 99,687.

260 P.3d 1196 (2011)

In the Matter of the Application to Adopt J.M.D. and K.N.D., Minor Children.

Supreme Court of Kansas.

September 16, 2011.

Attorney(s) appearing for the Case

Elizabeth Lea Henry , of Henry & Mathewson, P.A., of Wichita, argued the cause and was on the briefs for appellant natural father.

Martin W. Bauer , of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause and was on the briefs for appellee stepfather.

The opinion of the court was delivered by JOHNSON, J.:

S.M.H. (Mother) is the biological mother of J.M.D. and K.N.D. Her current husband (Stepfather) petitioned to adopt the children without the consent of their biological father, M.A.D. (Father). The district court determined that Father's consent to the adoption was unnecessary, terminated Father's parental rights, and granted Stepfather's adoption. In a split decision, the Court of Appeals reversed, finding insufficient...

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