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In re Adoption of S.A.J.

Order vacating adoption decree reversed; man who avoided paying child support for 12 years by denying paternity was estopped from subsequently claiming to be child's father and challenging proceeding in which mother's husband sought to adopt child.

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�1 This is an appeal from the order of the Court of Common Pleas of Berks County entered on May 2, 2001, which vacated the Final Decree of Adoption entered on January 31, 2001. Appellant raises four issues on appeal: (1) Whether Appellee had standing to challenge the adoption decree; (2) Whether the trial court erred in failing to find that Appellee was estopped from claiming to be the father of the S.A.J.; (3) Whether the trial court erred in failing to find that the termination of Appellee’s visitation privileges by court order was Res Judicata to his present claim; and (4) Whether vacating the adoption decree was in the best interests of the S.A.J. Appellee raises one issue on appeal: (1) Whether Appellee should be awarded attorney’s fees. We reverse and remand for proceedings consistent with this decision.

�2 S.A.J. was born on February 16, 1989 to Mother, T.L.D., and an unknown father. On November 16, 2000, B.S.D., Mother’s husband, filed a petition to adopt S.A.J. The adoption was consented to by Mother and by B.W., who alleged himself to be S.A.J.’s biological father. On January 22, 2001, Appellee, S.S., claiming to be S.A.J.’s natural father, filed a Complaint for Partial Custody. Appellee had previously claimed to be S.A.J.’s father and filed an action seeking custody in 1989, for which partial custody was granted. Mother has admitted to having sexual relations with both B.W. and Appellee during the time of S.A.J.’s conception. Mother sought support payments from Appellee and at the support hearing, Appellee denied being S.A.J.’s father under oath. Thus, Appellee’s visitation privileges were suspended, and Appellee had essentially no contact with S.A.J. for the next twelve years.

�3 Mother and Husband, acting under the reasonable belief that Appellee had officially renounced his claim to S.A.J. by denying paternity at the support hearing, had the only other potential father, B.W., consent to the Petition for Adoption. Mother and Husband did not have notice of Appellee’s custody complaint until after the adoption proceeding. Mother and Husband filed Preliminary Objections in the custody action brought by Appellee.

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