In re Adoption of Baby Boy Y.

29 Pa. D. & C.4th 262, 1995 Pa. Dist. & Cnty. Dec. LEXIS 47
CourtPennsylvania Court of Common Pleas, Carbon County
DecidedOctober 31, 1995
Docketno. 94-9095
StatusPublished

This text of 29 Pa. D. & C.4th 262 (In re Adoption of Baby Boy Y.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of Baby Boy Y., 29 Pa. D. & C.4th 262, 1995 Pa. Dist. & Cnty. Dec. LEXIS 47 (Pa. Super. Ct. 1995).

Opinion

LAVELLE, P.J.,

We are called upon in this unusual proceeding to decide the difficult and complex question of whether a Georgia mother who gave up her child for adoption in Georgia and executed legal documents which would have terminated her parental rights in Georgia should now be permitted to object to the adoption of her child here in Pennsylvania. In order to do that we must determine the nature of the various legal documents before us and decide whether we should apply Georgia or Pennsylvania law in interpreting these documents and passing upon their legal validity.

Not only is this a case of first impression, but the issues raised do not lend themselves to swift and easy resolution. The briefs submitted by counsel demonstrate the difficulty and complexity of the issues involved in this case. Each counsel presented a different legal theory of the case, one treating it as a consent to adoption issue with a full faith and credit clause analysis and the other as a voluntary termination of parental rights by operation of law. In our view, both of these theories [264]*264and their analyses miss the mark. From the time we have taken this matter under advisement, we have continuously and assiduously studied and restudied the testimony of the various witnesses, reviewed the legal documents which the natural mother wishes to disavow, and researched the applicable laws and relevant case law. After exhaustive research in this Commonwealth and the State of Georgia as well as cases from other states, we have found no cases on point.

PROCEDURAL BACKGROUND

On March 22, 1994, Joseph and Kathy H. of Lehighton, Carbon County, Pennsylvania, filed a petition for adoption of Baby Boy Y. in this court together with a report of intent to adopt. (N.T. 85.) An adoption hearing was scheduled for May 18, 1994 at 9:30 a.m. On May 17, 1994 Jennifer Ann Y, a resident of the state of Georgia, the natural mother, filed a “revocation of consent” and appeared with counsel at the May 18, 1994 hearing to object to the adoption. Confronted with this turn of events, we continued the adoption hearing and directed the filing of formal pleadings to crystallize the legal issues.

On May 27, 1994, Jennifer filed a “petition to revoke and/or strike the consent to the adoption” alleging that her “consent” was executed under undue influence and that legal counsel did not explain her rights and the legal ramifications of signing the documents. Hs. then filed an answer with new matter in response to Jennifer’s petition. An evidentiary hearing on the “petition to revoke” was held on August 25, 1994 from which we make, in narrative form, the following:

FINDINGS OF FACTS

Jennifer Y. grew up and lived with her mother, Dolores G., and her stepfather in Dublin, Georgia and other [265]*265locations in Georgia for almost her entire lifetime. In November of 1993, a sonogram test confirmed for Jennifer, and her mother learned for the first time, that Jennifer was pregnant. Jennifer and her mother began to talk about giving up the baby for adoption.

Sometime in November of 1993, Jennifer’s mother, Dolores G., and Jennifer’s aunt, at Jennifer’s urging, contacted Hs., who are residents of Lehighton, Carbon County, Pennsylvania, about the possibility of adopting the child Jennifer was carrying. (N.T. 83.) Kathy H. spoke with Jennifer on the telephone on February 1, 1994 and again on February 12, 1994. (N.T. 78.) Mrs. H. repeatedly asked Jennifer if she was sure she wanted to put the baby up for adoption and Jennifer responded that she was sure. (N.T. 77.) Jennifer also agreed to allow Hs. to obtain an attorney of their choosing to handle the adoption. (N.T. 77.)

Early in February of 1994, Hs. retained the services of Vincent M. Davison Jr., a Georgia attorney with considerable experience in handling Georgia adoptions, to advise Jennifer on what was required under Georgia law to terminate her parental rights and have her child adopted. On February 16,1994, Jennifer and her mother met with Attorney Davison in his office to discuss the signing of the documents which would terminate her parental rights. Davison repeatedly asked Jennifer if she was certain about her decision to put her baby up for adoption. Davison also explained, one by one, the termination of rights documents to Jennifer, their legal ramifications, and what would take place after the baby was bom. Davison specifically pointed out to Jennifer that she only had 10 days after signing the documents to change her mind, and Jennifer indicated to him that she understood the documents and their legal ramifications.

[266]*266On February 18, 1994, Jennifer, who was single and 18 years of age at the time, gave birth to Baby Boy Y. in Augusta, Georgia. Baby Boy Y.’s natural father, John B., was also a resident of the State of Georgia. On February 19, 1994, the day after Baby Boy Y. was bom, Jennifer, in the presence of her mother and Attorney Davison, executed the documents Attorney Davison had discussed with her earlier: the mother’s affidavit, an acknowledgment of surrender of rights, and a surrender of rights — final release for adoption. (Attached as addenda to this opinion.) Attorney Davison had prepared these documents and supervised their execution, explaining each document to her and requesting she read each one before she signed them. After Jennifer signed the documents, Attorney Davison re-emphasized to Jennifer again that she had 10 days and only 10 days to change her mind. Jennifer never contacted Mr. Davison during that 10 day period.

On February 19, 1994, Hs. took physical custody of Baby Boy Y. at the hospital in Georgia and brought him to their home in Lehighton, Pennsylvania where he has resided continuously with them since that time.

DISCUSSION

We shall begin by first examining the surrender of rights — final release document which Jennifer signed in Georgia.1 It contains, inter alia, the following provisions:

“I, the undersigned, being solicitous that my male child, bom Baby Boy Y. on February 18, 1994, should [267]*267receive the benefits and advantages of a good home, to the end that he may be fitted for the requirements of life, consent to this surrender.

“I, the undersigned, mother of the aforesaid child, do hereby surrender the child to Vincent M. Davison Jr., Attorney at Law, as representative of the adoptive parents, PROVIDED such persons file a petition for adoption of the child in accordance with chapter 8 of title 19 of the Official Code of Georgia Annotated or in accordance with the laws of their home state, within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by the adoptive parents in thus providing for the child, I do relinquish all right, title and claim to the child herein named, it being my wish, intent and purpose to relinquish absolutely all parental control over the child.”

A careful scrutiny of the document’s contents reveals that it contains a conditional offer by Jennifer to surrender Baby Boy Y. to Attorney Vincent M. Davison as representative of parents seeking to adopt Baby Boy Y. The condition is that Attorney Davison’s clients petition within 60 days to adopt Baby Boy Y. in Georgia under Georgia law or in their home state. The document further sets forth the quid pro quo for the contract in the form of Jennifer’s relinquishment of her parental rights to Baby Boy Y.

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29 Pa. D. & C.4th 262, 1995 Pa. Dist. & Cnty. Dec. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-baby-boy-y-pactcomplcarbon-1995.