Foley v. State

The superior court allowed David Muntz to adopt his wifes daughter, A.F.M., without the consent of A.F.M.s biological father, Bruce Farley. In granting the adoption, the court relied on AS 25.23.180, which authorized it to dispense with Farleys consent if A.F.M.s conception resulted from a sexual assault. We affirm this ruling, concluding: (1) substantial evidence supports the finding that A.F.M.s conception resulted from a sexual assault by Farley; (2) AS 25.23.180 did not require a conviction of sexual assault as a prerequisite to waiving Farleys consent; (3) terminating Farleys paternal rights in the adoption proceeding did not trigger the constitutional guarantees that attach to a criminal prosecution; and (4) collateral estoppel did not bar the court from deciding whether A.F.M. was conceived as a result of Farleys sexual assault, since that issue had not been properly raised or litigated before.