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Johnston father fights to raise girl given to California couple

- Staff Writer

Published: Sun, Jul. 23, 2006 12:00AM

Modified Sun, Jul. 23, 2006 02:13AM

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Pernell Ingram is fighting to raise a daughter he thought was dead.

Brianna turned 4 last Sunday, a milestone she celebrated in California with a couple who tried to adopt her at birth. Ingram has never held her or read her a story. He has never seen her, save for pictures in a pink album mailed to him by the strangers raising her.

It's a tangled tale how this Johnston County man, 24, came to battle all the way to the North Carolina Supreme Court for his right to be a dad. The story is mapped out in charged testimony, briefs and orders filed in the Wake County courthouse and the state Court of Appeals.

GIVING UP A CHILD FOR ADOPTION

Here's what typically happens when an unwed mother wants to give up her child for adoption:

If the father is known, he must officially waive his parental rights by signing a form.

If father is unknown, the adoption agency or county department of social services has two options.

a) It can ask a Superior Court judge to be relieved of the obligation of officially terminating the father's parental rights. If the judge agrees, his order effectively ends the father's rights, and the child is freed for adoption.

b) The agency can file a petition for termination of the father's parental rights in juvenile court. This is the option that A Child's Hope pursued.

Through this process, the agency and judge try their best to identify the father. Sometimes the mother is placed under oath and asked about her recent sexual partners. Often, the adoption agency places a notice in a local newspaper to alert the unknown father of attempts to end his rights to the child.

If no father can be identified or if identified fathers don't contest the termination, a judge can officially terminate the father's parental rights, freeing the child for adoption. This process typically takes four months.

If the father contests the termination, state law spells out several efforts he must have made to officially legitimize his child. They include filing notice with the state Department of Health and Human Services, marrying the mother or providing substantial and consistent financial care to the mother during her pregnancy.

The Wake County judge and the state Court of Appeals disagree on whether Pernell Ingram did enough during Wednesday Robinson's pregnancy to legitimize his claim to parental rights. There's no case law that guides the courts on whether the mother's deceit prevented Ingram from legitimizing his daughter.

N.C. General Statutes and Andy Holland, Attorney for Johnston County Department of Social Services

It started simply enough. A high school football player had a crush on a childhood friend.

There was always something about Wednesday Robinson, Ingram still muses when he tells the story. By the time he headed to East Carolina University in the fall of 2001, their friendship had turned to courtship. He sneaked home to Johnston County to see her every chance he got.

Robinson became pregnant that fall. Ingram finished the semester at ECU, then moved home to get a job and prepare for the baby. But over the winter, the relationship soured. Marriage plans derailed. By spring, they talked sporadically -- and only about the baby.

Ingram said he stayed serious about being a dad. He traded in his sports car for a more family-friendly Honda Accord. He picked up shifts at his uncle's janitorial business, landed a job at the Smithfield outlet mall and enrolled at Johnston Community College.

Robinson wasn't so sure about raising the baby. She was already raising two little ones alone, she said in an interview. She dreamed of this baby having something her older ones didn't: a mom and dad living under the same roof, both devoted to the child's well-being.

She called A Child's Hope, a private adoption agency in Raleigh. According to court records, she told staff members that a stranger at a party in Chapel Hill had drugged her and raped her. She said she remembered little of that night, let alone the culprit's identity.

The adoption agency pinpointed a perfect couple in California, well-educated people who couldn't have children. Robinson liked them immediately, she said.

The agency ran a notice in The Chapel Hill News, alerting the unidentified father that a judge would terminate his parental rights if he didn't challenge the adoption.

Robinson kept her plans for the baby quiet. A month before she delivered, she told Ingram she had had a miscarriage, according to court documents. Ingram's mother, Francine Wilson, called Robinson to confirm news of the miscarriage, court records show.

Robinson denied last week that she had deceived Ingram. But her explanation contradicted what she said in court in 2003 and contradicted testimony offered by the adoption agency in court.

She said in the interview that she was tired of being portrayed as a "bad mother."

A seed of doubt

Ingram took the news of the miscarriage hard, but he tried to move ahead with his life. A football coach at Catawba College in Salisbury offered him a spot on the team; Ingram enrolled in classes for the next semester.

In June 2002, a short article in The News & Observer caught his eye -- and planted a seed of doubt. A newborn baby had been abandoned at the Johnston Memorial Hospital emergency room. Wondering whether the child might be his, he went to the hospital to inquire.

The baby was white; Ingram is black, but social workers let him take a paternity test anyway. It came back negative.

Still, Ingram's inquiry sparked the curiosity of Melissa Williams, a Johnston County social worker. She checked into what had become of Robinson's baby.

Staff writer Mandy Locke can be reached at 829-8927 or mandy.locke@newsobserver.com.

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