Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Birth Parents

In In re McClure, 549 N.E.2d 392 (Ind. App. 1990), the court of appeals extended the reach of § 31-35-1-12 to private adoptions, emphasizing that

 

While there is no express statutory provision requiring appointed counsel in adoption proceedings, an order granting a petition for adoption does indeed terminate a parent's rights ... we must conclude the legislature impliedly intended that any proceeding that terminates a right so fundamental requires the right to counsel as contemplated by the termination statute. Such a right can not be washed away by a tide of indifference to legislative intent.

Appointment of Counsel: categorical Qualified: yes