Court of Appeals of Oregon July 15, 2009, 086624B2; A140773 (W. E. F. v. C. L. M.)

WOLLHEIM, J.

Appellants (petitioners) appeal from the trial court’s judgment of dismissal of their petition to adopt child. Respondent (father) did not consent to the adoption and moved to dismiss on the grounds that the trial court could not proceed with an adoption without the written consent of an incarcerated parent, unless that parent has already served at least three years of incarceration.