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W.E.F. v. C.L.M.

086624B2; A140773.

213 P.3d 580 (2009)

229 Or. App. 591

In the Matter of the Adoption of C.L M., II, a Minor Child. W.E.F. and M.R.F., Appellants, v. C.L.M., Sr., Respondent.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Hornecker, Cowling, Hassen & Heysell, L.L.P., and Stefanie L. Burke, Medford, filed the brief for appellants.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

WOLLHEIM, J.

Appellants (petitioners) appeal from the trial court's judgment of dismissal of their petition to adopt child. Respondent (father) did not consent to the adoption and moved to dismiss on the grounds that the trial court could not proceed with an adoption without the written consent of an incarcerated parent, unless that parent has already served at least three years of incarceration. ORS 109.322(1). For the reasons that follow, we affirm.

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