IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,051 In the Matter of the Adoption of BABY GIRL G. SYLLABUS BY THE COURT 1. As a general rule, issues addressed in a petition for review must have been preserved in the Court of Appeals, if not decided there. Issues not presented to the Court of Appeals may not be raised on a petition for review unless the party seeking review demonstrates exceptional circumstances. 2. This court recognizes three exceptions to the preservation requirement: (1) the newly asserted claim involves only a question of law arising on proved or admitted facts and is determinative of the case; (2) consideration of the claim is necessary to serve the ends of justice or to prevent the denial of fundamental rights; and (3) the district court is right for the wrong reason. 3. Termination of parental rights will be upheld on appeal if, after reviewing all the evidence in the light most favorable to the prevailing party, the district judge's fact- findings are deemed highly probable, i.e., supported by clear and convincing evidence. Appellate courts do not weigh conflicting evidence, pass on the credibility of witnesses, or redetermine questions of fact. Review of the judgment of the Court of Appeals in an unpublished opinion filed November 22, 2019. Appeal from Sedgwick District Court; ROBB W. RUMSEY, judge. Opinion filed July 10, 2020. 1 Judgment of the Court of Appeals is affirmed. Judgment of the district court is affirmed, and the case is remanded with directions. Margie J. Phelps, of Topeka, and Jordan E. Kieffer, of Dugan & Giroux Law, Inc., of Wichita, were on the briefs for appellant natural father. Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, was on the brief for appellees adoptive parents. The opinion of the court was delivered by ROSEN, J.: This is an appeal from the termination of a biological father's parental rights consequent to an adoption. The Court of Appeals affirmed the termination, and this court granted review, including review of an issue not raised in the courts below. Baby Girl G. was born on September 19, 2018. On September 20, 2018, the natural mother signed off on a consent to adoption and relinquishment of parental rights. In the consent form, she averred that the appellant and another man were possible biological fathers. On September 21, 2018, the petitioners (the adoptive parents) filed a petition in district court seeking to terminate the natural mother's maternal rights in G. and to adopt the girl. On the same day, the adoptive parents filed a separate petition seeking to terminate the parental rights of the two identified possible fathers. Later that day, the district court entered an order granting the petitioners temporary custody of G. On October 11, 2018, the appellant filed a voluntary acknowledgment of paternity. In an accompanying letter, he stated his intent to contest the adoption, maintaining that he had a life-long interest in being a father and had 2 ...
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