Chartier v. Doe

11 Fla. Supp. 2d 8
CourtCircuit Court for the Judicial Circuits of Florida
DecidedMay 13, 1985
DocketCase No. 84-10312-CA-20
StatusPublished

This text of 11 Fla. Supp. 2d 8 (Chartier v. Doe) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chartier v. Doe, 11 Fla. Supp. 2d 8 (Fla. Super. Ct. 1985).

Opinion

OPINION OF THE COURT

J. ALLISON DEFOOR, II, Acting Circuit Judge.

Introduction

This case involves a Petition to Vacate a Consent given by the natural mother in an adoption.' The Court begins its discussion by frank admission that this has been the most agonizing matter ever to come before the Court and were it ever to see another such case, it would be too soon. The Court has spent many hours in a meticulous review of the facts of the case, research into the law (not only in [9]*9Florida but in virtually every American jurisdiction with case law on point, see generally, 50 A.L.R.3d 918) and in somber and prayerful reflection. The Court is painfully aware that, whichever way it rules, lives will be hurt, and this specter has haunted the Court as it has deliberated. The Court now fully understands the theme which the Court found in many cases in this vein, summed up by our Supreme Court in the case of In Re Adoption by Cox, 327 So.2d 776 (Fla. 1976):

It is frequently said that contested adoptions are the most difficult of all cases for trial judges. . . . We recognize the difficulties inherent in making a decision in . . . these emotionally charged matters.

Id.

Petitioner's Contentions

Petitioner (hereafter Chartier) has raised a plethora of points in seeking to vacate her consent and stop the adoption process. Some she raised by means of her sworn Petition in this case, while others were raised at pretrial and at trial (though no amendment of pleadings was requested by petitioner). The Court, in an attempt to make sure that any and all issues which are even possibly related are resolved at this time, has chosen to address all of the issues raised by petitioner at any point in the process. The issues factually raised may be segregated into seven categories:

1. Chartier claims that the consent must be vacated because the natural father did not consent with her to the adoption of the child. This argument was asserted by counsel but was not raised in Chartier’s petition.

The next category of claims by Chartier involves some seven different subheadings, all of which Chartier claims constitute fraud, duress and misrepresentation sufficient, both individually and collectively, to make her consent involuntary in nature. They are as follows:

2. Chartier contends that the representatives of Health and Rehabilitative Services did not advise her of all the options available to her other than to put her child up for adoption, specifically counselling or additional government aid in the form of money, or fully explore family options of support.

3. Chartier next contends that the threats of the natural father overcame her will and robbed her of her volition in the giving of the consent.

4. Chartier next contends that the threats of retaliation from the [10]*10housing authority officials whom she alleges were in league with the adopting parents overcame her free will and were intended to do so.

5. Next Chartier contends that she was affirmatively misled by the representatives of Health and Rehabilitative Services prior to giving her consent to believe that she had either thirty or ninety days to vacate consent after the birth of the child and the signing of the consent. Curiously, this contention was not raised in Chartier’s original sworn petition, but was embraced by Chartier by the time of trial.

6. Chartier’s original petition contended that instead of the misrepresentation coming from HRS that Tom Wright, who acted as intermediary in this cause, had misrepresented to her at the hospital that she had ninety days to vacate her consent.

7. Finally, petitioner claims that due to medication and emotional distress at the hospital she was in such a condition as to not be capable of rendering a valid consent due to lack of understanding.

Discussion

1. The contention of the mother that the consent of the natural father must be secured prior to perfecting consent for adoption in this case is the most easily resolved by the Court. Fla. State, section 63.062 discusses the requirement for the consent of the father to the adoption of a minor.1 It is not contended by Chartier that any of the statutory [11]*11criteria are present in this case, but rather it is asserted that in all cases consent of the father must be secured. The Florida Statute is quite explicit and the Court specifically finds from the facts presented that none of the statutory criteria for the consent of the father where the father and mother are unwed at the time of the birth are present. There is no general requirement at law in such circumstances for the consent of the natural father. Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983); Quilloin v. Walcott, 434 U.S. 246, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978); In Re Adoption of Mullenix, 359 So.2d 65 (Fla. 1st DCA 1978).

2. Petitioner Chartier’s claims that the HRS representatives had a duty to counsel with her concerning available alternatives to adoption are rebutted both factually and legally. Factually it is apparent from the record that the defendant was extremely knowledgeable as to the availability of publicly paid support for her needs. She had availed herself of government-sponsored programs providing food stamps, public housing, aid to families with dependent children, and government sponsored legal services through the Legal Services of the Florida Keys. The record also reveals that Ms. Chartier was of above average intelligence, and was a graduate of an apparently high-quality prep school in Chicago, Illinois, though apparently she had not chosen to go further upon this excellent educational base. The Court accordingly concludes that Ms. Chartier was both intelligent and knowledgeable as to the alternatives available to her. The Court notes further that legally there is no requirement known under any existing Florida Statute or case law on point in Florida, the Court does note the case of Kane v. The United Catholic Social Services of Omaha, Inc., 187 Neb. 467, 191 N.W.2d 824 (1971), wherein the Court confronted this issue. The Nebraska Supreme Court in this case concluded “the law places on the placement agency no such obligation”. 191 N.W.2d at 825.

2a. As a subcategory properly included under this heading, counsel for Petitioner Chartier did note that among the things HRS should have done was to secure legal representative for Chartier. Counsel for Chartier variously contended that Chartier thought Wright was her attorney, and that she had no attorney at all. Wright’s testimony was that he served only as a middle man and anticipated not representing [12]*12Chartier’s interests in this matter. The Court notes from the record that, in any event, Chartier was also represented by Jeannie Elias of Legal Services of the Florida Keys,during the entire time, from the time of conception to the time of filing of this litigation. At no time did Chartier question Mr. Wright or Ms. Elias as to her legal rights generally, or as to the supposed period for revocation which she may have believed that she had.

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Related

Quilloin v. Walcott
434 U.S. 246 (Supreme Court, 1978)
Lehr v. Robertson
463 U.S. 248 (Supreme Court, 1983)
Application of Hendrickson
496 P.2d 1115 (Montana Supreme Court, 1972)
Watson Realty Corp. v. Quinn
452 So. 2d 568 (Supreme Court of Florida, 1984)
In Re Adoption of Hammer
487 P.2d 417 (Court of Appeals of Arizona, 1971)
Barwin v. Reidy
307 P.2d 175 (New Mexico Supreme Court, 1957)
In Re the Adoption of Baby Girl K.
615 P.2d 1310 (Court of Appeals of Washington, 1980)
Mabbitt Ex Rel. Carter v. Miller
68 N.W.2d 740 (Supreme Court of Iowa, 1955)
Bidwell v. McSorley
72 S.E.2d 245 (Supreme Court of Virginia, 1952)
Corporacion Peruana De Aeropuertos Y Aviacion Comercial v. Boy
180 So. 2d 503 (District Court of Appeal of Florida, 1965)
Kane v. United Catholic Social Services of Omaha, Inc.
191 N.W.2d 824 (Nebraska Supreme Court, 1971)
Spillers v. Five Points Guaranty Bank
335 So. 2d 851 (District Court of Appeal of Florida, 1976)
In Re Adoption of Cox
327 So. 2d 776 (Supreme Court of Florida, 1976)
Scutti v. State Road Department
220 So. 2d 628 (District Court of Appeal of Florida, 1969)
Davis v. Turner
337 So. 2d 362 (Supreme Court of Alabama, 1976)
Davis v. Turner
337 So. 2d 355 (Court of Civil Appeals of Alabama, 1976)
In Re Adoption of Mullenix
359 So. 2d 65 (District Court of Appeal of Florida, 1978)
Simaner v. Simonick
147 N.E.2d 419 (Appellate Court of Illinois, 1958)
People Ex Rel. Drury v. Catholic Home Bureau
213 N.E.2d 507 (Illinois Supreme Court, 1966)

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Bluebook (online)
11 Fla. Supp. 2d 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chartier-v-doe-flacirct-1985.