Melvin Miller v. Don Miller, Individually and as Administrator of the Children's Services Division of the State of Oregon

DECLARATORY JUDGMENT

This appeal challenges the validity of an Oregon statute, ORS 109.326(1). In effect, the statute permits the adoption of a child born out of wedlock upon the consent of the natural mother, without notice to, or the consent of, the natural father.

It is undisputed that the appellant is the natural father of a child born out of wedlock in July 1972. Following the child’s birth, both parents shared custody of the child for a brief period. In late 1973,' however, the mother, then in sole custody, consented to the adoption of the child without in any way consulting or attempting to secure the cooperation or consent of the natural father. The adoption has not yet been formally completed, and certain state action in connection with such a proposed adoption is required. The natural father sued in •the District Court, resting his claim for the District Court’s jurisdiction on 42 U.S.C. § 1983 and 28 U.S.C. § 1343 . He attacked the constitutionality of the Oregon statute which, in situations such as that involved in the attempted adoption in question, provides, inter alia, that “the father of the child shall be disregarded just as if he were dead. . . .” Denied relief…