In re Adoption of Donald B., 2023 IL App (5th) 220609-U

- 1) Case citation and parties
In re Adoption of Donald B., No. 5-22-0609, 2023 IL App (5th) 220609-U (Ill. App. Ct., 5th Dist. Jan. 20, 2023) (Rule 23 order; non-precedential). Petitioners-appellees: Meliah and Zachary McKenzie. Respondent-appellant: Tyler B., biological father.

- 2) Key legal issues
- Whether respondent was legally unfit under section 1(D)(n)(1) of the Illinois Adoption Act (750 ILCS 50/1(D)(n)(1)) for failing to visit, communicate with, or maintain contact with the child while physically able and not prevented by court/agency order.
- Whether terminating respondent’s parental rights was in the child’s best interest.
- Whether the circuit court’s findings were against the manifest weight of the evidence.

- 3) Holding/outcome
The appellate court affirmed. The trial court’s findings that Tyler was unfit under §1(D)(n)(1) and that termination of his parental rights served the child’s best interest were not against the manifest weight of the evidence.

- 4) Significant legal reasoning
- The court credited trial testimony that Tyler had no contact or visits with his son after February 22, 2019, despite no protective order or court/agency prohibition. Multiple witnesses (teacher/principal/grandmother/petitioners) testified they had not seen or heard from Tyler at school functions or otherwise since that date.
- Tyler acknowledged the last visit date, numerous life instability factors (frequent moves, unemployment, DUI and license suspension), and admitted driving with a suspended license. He claimed medical incapacitation and other impediments (serious leg injuries/medical treatment and alleged threats/ignoring by petitioners) but failed to produce contemporaneous corroboration (medical records, preserved communications, police reports, or witnesses) or evidence of reasonable efforts to maintain contact once able.
- The court applied the clear-and-convincing standard for unfitness and found petitioners’ evidence credible; appellate court deferred to those credibility determinations and concluded the findings were not against the manifest weight of the evidence. Best-interest findings rested on the child’s stability and established parental bond with petitioners and lack of a continuing parental relationship with Tyler.

- 5) Practice implications
- For prospective adopters: develop a robust factual record (school records, therapist testimony, family witnesses) documenting lack of parental contact and child’s stability.
- For biological parents: preserve contemporaneous evidence of attempts to contact (texts, call logs, certified mail, police reports), obtain and present medical records promptly if incapacity is asserted, secure corroborating witnesses, and pursue court remedies rather than informal attempts.
- Appellate posture: credibility findings and best-interest determinations receive substantial deference; absence of documentary proof of attempts to maintain contact is a critical risk in unfitness disputes.