In Re Adoption of Njg

891 N.E.2d 60, 2008 WL 2854253
CourtIndiana Court of Appeals
DecidedJuly 25, 2008
Docket09A02-0801-CV-41
StatusPublished
Cited by1 cases

This text of 891 N.E.2d 60 (In Re Adoption of Njg) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals 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 Njg, 891 N.E.2d 60, 2008 WL 2854253 (Ind. Ct. App. 2008).

Opinion

891 N.E.2d 60 (2008)

In re The ADOPTION OF N.J.G., minor child,
Erikka Gillis, Appellant,
v.
Carla Jackson and John Jackson, Appellees-Petitioners.

No. 09A02-0801-CV-41.

Court of Appeals of Indiana.

July 25, 2008.

*62 Courtney B. Justice, Justice Law Offices, Logansport, IN, Attorney for Appellant.

Douglas A. Cox, Logansport, IN, Attorney for Appellees.

OPINION

BAKER, Chief Judge.

Appellant Erikka Gillis appeals the trial court's order denying her motion to withdraw her consent to the adoption of her child, N.J.G., by appellees-petitioners Carla Jackson and John Jackson. Erikka argues that the evidence in the record does not support the trial court's conclusion that she consented to the adoption of N.J.G. in a way that complies with the relevant statute. Finding that Erikka's consent was not valid because it was given before the child was born and did not follow the execution requirements of Indiana Code section 31-19-9-2, we reverse and remand for further proceedings.

FACTS

In February 2007, Erikka was pregnant with N.J.G.[1] On February 8, 2007, Erikka and the Jacksons—who are Erikka's aunt and uncle—entered into an agreement pursuant to which the Jacksons indicated their desire to adopt N.J.G. in exchange for approximately $2,600 to cover some of Erikka's debts and car insurance, $276 a month for the duration of the pregnancy, and a vehicle. The funds and the car were styled as a loan, but the contract stated that if the adoption went through successfully, the Jacksons would forgive the debt. Appellant's App. p. 38-40.

On May 7, 2007, Erikka went to the office of the Jacksons' attorney, id. at 35, and signed an undated, non-notarized "Consent to Adoption Proceedings," which indicated Erikka's consent to the adoption of N.J.G. by the Jacksons, id. at 11.

On May 10, 2007, N.J.G. was born. The same day, the Jacksons—unbeknownst to Erikka—filed a petition to adopt N.J.G. and a petition for temporary custody of the infant. The trial court granted the custody petition on the same day. On May 11, 2007, Erikka signed a Discharge Authorization, which authorized the hospital in which N.J.G. was born to discharge the infant to the care of the Jacksons. Id. at 19. Erikka also signed a document giving the Jacksons authority to make decisions about N.J.G.'s healthcare. Finally, she signed a document giving the Jacksons the right to spend time with and care for N.J.G. while he was still in the hospital, but that document explicitly stated that "[t]his Authorization is not a consent to adoption. I understand that I will sign, if I have not already signed, a separate consent to the adoption of the baby." Id. at 21. Erikka was discharged from the hospital, leaving N.J.G. in the Jacksons' care.

On May 22, 2007, Erikka filed a letter with the court, explaining that she had changed her mind:

*63 The reason I have changed my mind about the adoption is that every second of the day I miss my son. It is something I can't explain, my heart aches for him. I just want him in my arms. I want to be the one who sees his first time for everything. I want to be the one who drops him off for his first day of school. And I want to be the one who cries because I know my little boy is growing up, not someone else.
When I was pregnant I thought I was doing the right thing by letting my Aunt adopt him but I was so wrong. I just want my little boy back in my arms where he belongs, with his mommy.

Id. at 22. On May 29, 2007, the Jacksons' attorney filed a second letter with the court, purportedly written by Erikka. On June 1, 2007, Erikka filed a similar letter, though there are several differences between the documents. Erikka testified that Carla actually drafted the letter. Nov. 8 Tr. p. 76. The June 1 letter that was filed by Erikka informed the court that Erikka had changed her mind again:

... I have been thinking a lot lately and I have decided that to take [N.J.G.] back from my Aunt and Uncle would be the wrong thing to do.
I was afraid that if I let the adoption go through, I would never see him again or know anything about his growing up. But I talked with my Aunt and Uncle and they reminded me that this adoption is open and that I have the right to see him when I want to.... It is a very confusing thing to give up my baby and I was just really emotional about it. I have had time to calm down and think about how it wouldn't be right to take him back....

Appellant's App. p. 24.

On July 26, 2007, the trial court held a hearing at which Erikka appeared and objected to the adoption:

I don't want the adoption to go through. I don't want to hurt my aunt and my uncle but I can't let it go through.... I just really want [N.J.G.] back home with me.... I can't let this go through. I can't....
* * *
I just can't do this. I can't let it go through. Everything I've signed I'll, I'll pay them the money back that they, as I agreed to if it didn't go through, but I have to have my son back. I can't do this.

July 26 Tr. p. 10. The trial court set a hearing on the adoption and Erikka's objections thereto for September 6, 2007. On August 29, 2007, the trial judge—the Honorable Leo T. Burns—recused himself and on September 18, 2007, the Honorable Thomas Lett was selected to preside over the proceedings herein.

On September 5, 2007, Erikka filed a petition for sole custody of N.J.G. and to dismiss the adoption proceedings. Attached to the petition was an affidavit signed by Erikka that explained, among other things, what had occurred on May 7:

2. On May 7, 2007, I went to [the Jacksons' attorney's] office and signed the attached Consent to Adoption Proceedings....
3. At the time of my signature, May 7, 2007, my baby boy, [N.J.G.], was still in my womb.
4. I was not asked to date the Consent to Adoption Proceedings, or to sign in the presence of a notary public, the Court, a county office of family and children or a licensed child placing agency.

Appellant's App. p. 35.

On November 8, 2007, the trial court held a hearing on Erikka's petition. Erikka, Carla, and John, among others, testified *64 at the hearing. The trial court denied Erikka's petition on November 27, 2007, finding as follows:

1. [Erikka] is the natural mother of [N.J.G.], born May 10, 2007.
2. [The Jacksons] are the adoptive parents of [N.J.G.]
3. On May 7, 2007, [Erikka] executed Consent to Adoption Proceedings.
4. I.C. XX-XX-X-X(b) provides that a child's mother may not execute a consent to adoption before the birth of the child.
5. Subsequent to the birth of [N.J.G.], on May 12, 2007, [Erikka] executed an Adoption Discharge Authorization which included a consent to the adoption. (Petitioner[']s exhibit #3).
6. Again on May 28, 2007, Erikka sent a letter to Judge Burns requesting the adoption to "go through". (Petitioner's exhibit #6).
7. The court finds that Petitioner's exhibit 3 and Petitioner's exhibit 6 constitute valid consent to the adoption, which was freely and voluntarily given, which cannot now be revoked.
8.

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Cite This Page — Counsel Stack

Bluebook (online)
891 N.E.2d 60, 2008 WL 2854253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-njg-indctapp-2008.