Unwed Biological Father's Due Process Rights Violated for Denying Paternity Petition, High Court Holds
"As the Court explained in Lehr, where a relationship is established between father and child that 'demonstrates a full commitment to the responsibilities of parenthood' the Constitution protects that relationship," Justice Robyn Brody wrote for the unanimous panel. "'But the mere existence of a biological link does not merit equivalent constitutional protection.'"
September 27, 2022 at 06:26 PM
5 minute read
An unwed Idaho father's parental rights were unconstitutionally terminated without due process after a lower court irrevocably barred him from establishing paternity or objecting to a potential adoption, the Idaho Supreme Court held Monday.
A unmarried couple, identified as Jane Doe and John Doe II, began dating in 2019 and the woman found out she was pregnant in the summer of 2020. Shortly after, the couple split and the mother gave birth to the baby in February 2021. After the child's birth, the father visited 12 separate times within eight weeks.
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