863 N.W.2d 484
Neb.2015Background
- Teresa and Monty S. (biological parents) agreed with friends Jason and Rebecca W. that Teresa would bear a child and the child would be privately adopted by Jason and Rebecca in an "open" adoption arrangement allowing continued contact.
- Two days after the July 2013 birth the biological parents signed written consents and relinquishments at the adoptive parents' attorney’s office; nonconsent (record-sealing) forms were destroyed because the parties believed the adoption would be open.
- Teresa and Monty later filed a habeas corpus petition seeking return of the child, alleging the relinquishments were invalid due to fraud, duress, and conditioning on retention of parental rights.
- The district court rejected claims of fraud, duress, and misrepresentation but, relying on McCormick v. State, concluded the relinquishments were invalid because they were conditioned on an open adoption (retention of parental rights) and ordered custody to the biological parents after a best-interests hearing.
- Jason and Rebecca appealed, arguing evidentiary errors and that the relinquishments were valid; the Nebraska Supreme Court affirmed the district court.
Issues
| Issue | Plaintiff's Argument (Teresa & Monty) | Defendant's Argument (Jason & Rebecca) | Held |
|---|---|---|---|
| Whether evidence of post-relinquishment visits and reasons for ending them was improperly excluded | Evidence showed adoptive parents initially intended contact and thus no fraud; exclusion prejudiced defense | Evidence was relevant but any exclusion was harmless because court found no fraud | No reversible error; exclusion (if error) was harmless |
| Whether relinquishments signed with an agreement for an "open" private adoption are valid | Relinquishments were invalid because they were conditioned on retaining parental rights via the open-adoption arrangement | Relinquishments were knowingly and voluntarily executed and thus valid absent fraud/duress | Relinquishments invalid in private-adoption context when conditioned on retained parental rights; affirmed district court |
Key Cases Cited
- McCormick v. State, 218 Neb. 338 (1984) (relinquishment conditioned on retention of parental rights invalidates relinquishment)
- Yopp v. Batt, 237 Neb. 779 (1991) (valid, voluntary relinquishment is irrevocable and divests parental rights)
- Brett M. v. Vesely, 276 Neb. 765 (2008) (standards for habeas corpus custody review and relinquishment challenges)
- Hohndorf v. Watson, 240 Neb. 368 (1992) (discusses voluntariness and validity of parental relinquishment)
- Wulf v. Ibsen, 184 Neb. 314 (1969) (adoption is statutory; courts must follow legislative scheme)