Golz v. Children's Bureau of New Orleans, Inc.

326 So. 2d 865
Supreme Court of Louisiana·Decided February 12, 1976·No. 57373·Published·Cited by 39 cases

Opinion

326 So.2d 865 (1976)

William Jonathan GOLZ and Pamela Marie Fortier Golz
v.
CHILDREN'S BUREAU OF NEW ORLEANS, INC.

No. 57373.

Supreme Court of Louisiana.

January 29, 1976.
Reasons for Judgment given February 12, 1976.
Rehearing Denied February 20, 1976.

*866 Thompson & Perrin, Michael F. Thompson, Lafayette, for plaintiffs-applicants.

Baldwin, Haspel, Molony, Rainold & Meyer, Robert R. Rainold, New Orleans, for defendant-respondent.

SANDERS, Chief Justice.

Because of the exigencies of this case, requiring prompt disposition, we hand down our decision, the reasons for which will follow in due course.

The judgment of the Civil District Court for the Parish of Orleans, rejecting petitioners' demand, is affirmed.

SUMMERS, J., dissents.

Reasons for the judgment handed down herein on January 29, 1976.

SANDERS, Chief Justice.

The primary issue in this habeas corpus proceeding is whether or not a notarial act of surrender by parents of a child to a licensed adoption agency is valid and irrevocable. We hold that it is.

Petitioners, William Jonathan Golz and Pamela Marie Fortier Golz, are married and residents of Lafayette. On December 9, 1974, when Mrs. Golz was seven months pregnant, she came to New Orleans with the knowledge of her husband in order to arrange for the delivery of the baby at the New Orleans Charity Hospital and to initiate placement of the child for adoption. While in New Orleans, Mrs. Golz contacted the Children's Bureau of New Orleans, Inc., a state-licensed adoption agency. Mrs. Frances Keating, the intake supervisor, granted her an appointment on the same day. She conducted an intake interview, securing basic information concerning the family. She advised Mrs. Golz that placement would require the formal consent of both parents in an act of surrender and that once the surrender had been signed, it was irrevocable. After the mother inquired how soon the surrender could be signed, the intake supervisor advised her that it could be executed after the child was born.

The intake supervisor arranged for the assignment of Diane Lambly, a caseworker, to the adoption so that Mrs. Golz would be able to confer with her on her hospital visit scheduled for the following week. Mrs. Golz cancelled her trip to New Orleans the following week and advised the adoption agency that she would notify it when she returned.

From December 9, 1974, to February 12, 1975, Mrs. Golz had several telephone and written communications with Diane Lambly, the caseworker. During this period, she informed the agency that she had decided to have the baby delivered in Lafayette, instead of New Orleans. She expressed a desire to continue the adoption plan, and *867 the caseworker assured her that it could be done, despite the change in the place of delivery.

The child, Joshua Golz, was born on Thursday, February 13, 1975. The following day, Mr. Golz called the caseworker by telephone, advised her of the birth of the child, and made arrangements to bring the child for adoption on the weekend. The caseworker again explained that for placement both parents had to be present to execute a notarial act of surrender. She cautioned that when the notarial instrument was signed, they could no longer change their minds concerning the adoption. Ultimately, after a series of telephone conversations, the father telephoned that he and his wife had changed their minds about adoption. The Children's Bureau then closed the case.

On April 9, 1975, Mrs. Golz came to the Children's Bureau with the child and asked the caseworker if the agency would provide foster care pending the signing of a surrender by herself and her husband. She informed the caseworker that her husband was out of the state, but that he was agreeable to signing a surrender for adoption. The caseworker explained to her that the agency did not accept children for long-term foster care, but that it would accept temporary custody under the circumstances.

When the caseworker failed to hear from the parents by April 15, she telephoned the father. He stated that they had changed their minds about adoption and would come and get the bady. On April 18, the parents secured the child, and the case was again closed.

On August 18, Mr. Golz again telephoned the caseworker, expressing a desire to place the child for adoption. He ultimately inquired whether an act of surrender could be signed the same day. The caseworker advised him that arrangements would have to be made with an attorney, but that she would call him back. A few minutes later, the caseworker telephoned the parents to inform them that arrangements had been made with the attorney to handle the surrender. The caseworker asked the parents to come to her office upon arrival in New Orleans.

After the parents arrived at the Children's Bureau, the caseworker conferred with them a few minutes. During the brief conference, she informed them that after the Act of Surrender had been signed, it could not be "undone."

They then walked about five blocks to a law office, where they were joined by the Casework Supervisor, Mrs. Virginia C. Jane.

The Attorney-Notary invited the group into the conference room, where he read aloud the Act of Surrender and explained that it could not be revoked after it had been signed. It was then executed by the parents and the Casework Supervisor for the Children's Bureau in the presence of the Notary Public and two witnesses.

The following day, the parents telephoned the Children's Bureau, requesting that the child be returned to them. The bureau officials advised them that the Act of Surrender was final and could not be revoked. On August 21, 1975, the bureau placed the child in the home of adoptive parents. This litigation followed.

The trial judge found that the parents freely and voluntarily executed the Act of Surrender with full knowledge of its legal consequences and held that the Act of Surrender, being to a licensed agency, could not be revoked under the statute, LSA-R.S. 9:402. We granted certiorari to review the judgment of the trial court. 325 So.2d 282 (1976).

In this Court, the petitioners advance various arguments, but they can be summarized from the assignments of error as follows:

(1) There was no valid consent by the parents to the Act of Surrender.

*868 (2) Under the statute, the parents could and did revoke their consent.

(3) The statutory adoption procedure of LSA-R.S. 9:402 et seq. as applied here unconstitutionally deprives the parents and the child of due process of law.

Consent of the Parents

The consent of the parties is one of the requirements for an act of surrender. If consent is lacking, there is no valid surrender. LSA-R.S. 9:402; LSA-C.C. Arts. 1779, 1819; Cole v. Lumbermens Mutual Casualty Company, La.App., 160 So.2d 785 (1964); S. Litvinoff, 6 Louisiana Civil Law Treatise—Obligations (Book 1), § 129, pp. 210-211 (1969).

As to consent, the trial judge found:

"There is no doubt in the Court's mind that there has never been any pressure, undue influence or the like brought to bear on these plaintiffs by the Children's Bureau. This is evident from the record and from December, 1974 up to the final act of surrender executed on August 18, 1975. It is also evident that these plaintiffs are mature individuals; not possessed of formal education beyond the ninth grade but by no means . . . illiterate."

"* * *

"The act of surrender exe

Free access — add to your briefcase to read the full text and ask questions with AI

Golz v. Children's Bureau of New Orleans, Inc., 326 So. 2d 865 (La. 1976).

326 So. 2d 865 (Golz v. Children's Bureau of New Orleans, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Daniels v. Int'l Paper Co.
245 So. 3d 180 (Louisiana Court of Appeal, 2017)
Potier v. Morris Bart, L.L.C.
214 So. 3d 116 (Louisiana Court of Appeal, 2017)
Williams v. Keller Williams Realty, 1-800-351-5111, L.L.C.
154 So. 3d 605 (Louisiana Court of Appeal, 2014)
Clark v. CHRISTUS HEALTH NORTHERN LOUISIANA
47 So. 3d 1135 (Louisiana Court of Appeal, 2010)
Bradstreet v. Kinchen
10 So. 3d 331 (Louisiana Court of Appeal, 2009)
HOFFMAN, SIEGEL, SEYDEL, BIENVENU v. Lee
936 So. 2d 853 (Louisiana Court of Appeal, 2006)
Wampold v. E. Eric Guirard & Associates
442 F.3d 269 (Fifth Circuit, 2006)
Aguillard v. Auction Management Corp.
908 So. 2d 1 (Supreme Court of Louisiana, 2005)
Aguillard v. Auction Management Corp.
884 So. 2d 1257 (Louisiana Court of Appeal, 2004)
Dufrene v. HBOS MFG., LP
872 So. 2d 1206 (Louisiana Court of Appeal, 2004)
Posadas v. the Pool Depot, Inc.
858 So. 2d 611 (Louisiana Court of Appeal, 2003)
Simpson v. Grimes
849 So. 2d 740 (Louisiana Court of Appeal, 2003)
Simpson v. Pep Boys-Manny Moe & Jack, Inc.
847 So. 2d 617 (Louisiana Court of Appeal, 2003)
Landreneau v. Fleet Financial Group
197 F. Supp. 2d 551 (M.D. Louisiana, 2002)
Stadtlander v. Ryan's Family Steakhouses, Inc.
794 So. 2d 881 (Louisiana Court of Appeal, 2001)
SUTTON'S STEEL & SUP. INC. v. BellSouth Mobility, Inc.
776 So. 2d 589 (Louisiana Court of Appeal, 2000)
Hussain v. Enterprise Leasing Co., Inc.
735 So. 2d 46 (Louisiana Court of Appeal, 1999)
Rogers v. Brown
986 F. Supp. 354 (M.D. Louisiana, 1997)
Shepard v. Phycor of Ruston, Inc.
711 So. 2d 288 (Louisiana Court of Appeal, 1997)