In re Adoption of J.H.G.

869 P.2d 640, 254 Kan. 780, 1994 Kan. LEXIS 37
CourtSupreme Court of Kansas
DecidedMarch 4, 1994
DocketNo. 69,354
StatusPublished
Cited by16 cases

This text of 869 P.2d 640 (In re Adoption of J.H.G.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas 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 J.H.G., 869 P.2d 640, 254 Kan. 780, 1994 Kan. LEXIS 37 (kan 1994).

Opinion

The opinion of the court was delivered by

Abbott, J.:

The natural mother of J.H.G., a minor child, appeals the trial court’s denial of her motion to set aside a decree of adoption filed on March 4, 1992. The appeal was transferred to this court pursuant to K.S.A. 20-3018(c).

The facts are largely undisputed. The natural mother, E.G., now 24, was born and raised in Ethiopia. After she was graduated from high school she moved to Manhattan, Kansas, in 1988 to [782]*782attend Kansas State University. She has completed several semesters at Manhattan Christian College and at Kansas State University, where she is studying computer science. During high school in Ethiopia she studied English and, after moving to Manhattan, she successfully passed an English proficiency test.

In August 1990, the natural mother was married to G.D. Shortly thereafter, her husband moved to Germany for one year on a scholarship. He returned to Manhattan in August 1991.

In July 1991, E.G. discovered she was pregnant as a result of sexual intercourse with C.D. (not her husband) in late April or early May 1991. She informed C.D. of the pregnancy and they discussed her options, including abortion and adoption. A friend who was aware of E.G.’s dilemma introduced her to the appellees herein, who expressed an interest in adopting E.G.’s child.

The adoptive parents met with the natural mother. They arranged for the natural mother to see Dr. Fischer, provided transportation, and accompanied her to several appointments throughout the pregnancy. The adoptive parents agreed that if they were allowed to adopt the child, they would pay the natural mother’s medical expenses.

During one of the visits to the doctor, the adoptive mother informed the natural mother that Meryl Wilson, an attorney in Manhattan, would be handling the adoption. The adoptive mother offered to hire an attorney for the natural mother if she desired.

On January 24, 1992, the natural mother went into labor and arrived at the hospital in the early morning hours. At approximately 6:00 a.m., her husband informed the adoptive parents that his wife was in labor, and the adoptive parents went to the hospital.

The child was born at 11:04 a.m. Dr. Fischer testified that various drugs were given during labor, but he opined that the drugs would have dissipated by 10:00 a.m. Dr. Fischer noted that a labor period from 12:00 a.m. to 11:04 a.m. would be “very average.” Dr. Fischer also noted that there was no mental or cognitive impairment due to either the drugs administered or the natural mother’s fatigue.

The baby was placed with the natural mother in the delivery room from 11:40 a.m. to 1:00 p.m., when the baby was taken to the nursery. At 12:15 p.m. the natural mother went to the [783]*783bathroom and reported no dizziness. She was served lunch. She was moved to a private room where she and her husband fell asleep. She awakened at approximately 2:15 p.m. when the adoptive parents came into the room and informed her that the attorney was there.

Meryl Wilson entered the room after the adoptive parents left and introduced himself. Nancy Knopp, a social worker for the hospital and the wife of Wilson’s law partner, was with him. Wilson handed the natural mother two documents, a “Consent of Natural Mother” and a “Statutory Consent to Adoption, Consent to Adoption of Minor Child, Notice to Parent.” Wilson read aloud the first paragraph of the “Statutory Consent to Adoption,” which states: “This is an important legal document and by signing it, you are permanently giving up all custody and other parental rights to the child named herein, so as to permit the child’s adoption. You are to receive a copy of this document.” The natural mother, by her testimony, spent 10 or 15 minutes reading the documents. She questioned Wilson as to why there was nothing about visitation in the documents. The natural mother and her husband testified Wilson told her that visitation was not supposed to be addressed in the documents, but that it was an issue between her and the adoptive parents. Wilson testified he told her that by signing the documents she was giving up all parental rights, and that any agreement concerning visitation would be between her and the adoptive parents. Wilson then asked if she still wanted to sign the documents, and she did sign them. Wilson also gave tire natural mother’s husband a “Consent to Adoption” form, which he signed. Wilson had the natural mother’s husband sign this form because of the statutory presumption that the husband is the natural father, even though Wilson knew that the natural father was someone other than the natural mother’s husband.

Wilson notarized all three forms. The time the documents were signed is not noted on the forms. However, the parties agree that the documents were signed sometime before 3:00 p.m., and they were filed at 3:21 p.m. on January 24, 1992, in the Riley District Court. The signing time was approximately four hours after the birth of the child.

[784]*784The natural mother had some limited contact with the adoptive parents on January 25, 1992, as she was leaving the hospital after her release. The next contact was two or three weeks later, when the natural mother called the adoptive parents regarding whether their insurance would pay for a visit to the doctor because she was experiencing bleeding.

The final adoption hearing was held on March 2, 1992, and a decree of adoption was filed on March 4, 1992. Although C.D. (the natural father) was given notice of the hearing by certified mail (for which he signed) and by newspaper notice, he did not attend the hearing.

The natural mother next spoke with the adoptive mother the day that the final decree was filed and asked if she could see the baby. A few days later, the adoptive mother took J.H.G. to the Pizza Hut where the natural mother was working, and the visit lasted approximately 30 minutes.

In May 1992, the adoptive mother was hospitalized when she underwent a hysterectomy. The natural mother and her husband visited the adoptive mother in the hospital and were given a picture of the baby.

On Father’s Day weekend, the adoptive mother brought the baby to visit the natural mother and her husband, and they spent approximately 30 minutes with the baby.

The natural mother later called the adoptive mother to request that they set up a schedule of visitation. The adoptive mother declined. The natural mother testified that the adoptive mother told her she should not see the child between the ages of 2 and 18, and the natural mother responded that she would not have agreed to the adoption without the visitation. The adoptive mother then called the natural mother’s husband and suggested that his wife get counseling. The natural mother called the adoptive parents the next morning and was told she could no longer see the child.

That evening, the natural mother called Nancy Knopp to see if she remembered the discussion with Wilson concerning visitation. Knopp was unable to recall the discussion.

The natural mother then engaged her present counsel who, on July 13, 1992, filed the motion to set aside the consent to the adoption, which is the subject of this appeal. C.D., at the request [785]*785of the natural mother (who chose and paid C.D.’s attorney), also filed a motion to set aside the adoption decree.

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Cite This Page — Counsel Stack

Bluebook (online)
869 P.2d 640, 254 Kan. 780, 1994 Kan. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-jhg-kan-1994.