Lead Opinion
The opinion of the Court was delivered by
The issue in this wrongful death-medical malpractice case is whether a doctor being sued for causing the death of an adopted infant has standing to challenge the posthumous finalization of the infant’s adoption. The Chancery Division, Family Part, concluded that there is no standing. A divided panel of the Appellate Division held that under the factual matrix of this case there is standing. 311 N.J.Super. 408, 411, 709 A.2d 1381 (1998). This appeal is before us as of right based upon a dissent in the Appellate Division. R. 2:2-1(a)(2). We now reverse, holding that a defendant in a wrongful death-medical malpractice action lacks standing to collaterally attack the posthumous adoption of the victim of the alleged malpractice.
Baby T was born on December 1, 1993. Prior to the infant’s birth, his natural mother selected P.H. and J.H., husband and wife, to be the adoptive parents of her unborn child. The natural mother executed a valid surrender of her parental rights to Adoptions From the Heart, a State-approved and licensed adoption agency. On December 4, 1993, P.H. and J.H., through the adoption agency, took physical custody of Baby T with the intent to adopt the child. The agency visited their home on three occasions after the child had been placed with the prospective adoptive parents and found they were providing a loving and caring home.
On March 31, 1994, the infant was admitted to Robert Wood Johnson University Hospital for same-day surgery to repair an inguinal hernia. During the administration of anesthesia by defendant Dr. Nishat Zedie, the baby became “rigid” and suffered cardiac arrest. Although initially stabilized and transferred to the pediatric intensive care unit, the infant deteriorated and died later that day. A medical consultant retained by the prospective adoptive parents informed them that Baby T died because Dr. Zedie administered succinylchlorine, an anesthetic expressly classified by the Food and Drug Administration as contraindicated for use in children.
P.H. and J.H., with the consent of the adoption agency, accepted responsibility for all funeral arrangements and expenses for Baby T. They made those arrangements as the parents of the child and buried him in their family plot under the name they had given the child. In other words, they treated the child as if he were their natural-born son.
At the time of Baby T’s death on March 31, 1994, the prospective adoptive parents had not filed a complaint for adoption because the child had resided in their home for only four months rather than the six months required by N.J.S.A 9:3-47a. Consequently, the adoption agency requested permission from the Bureau of Adoption Agency Licensing of the New Jersey Division of
The prospective adoptive parents apparently filed their complaint for adoption in early 1995. On July 7, 1995, the Family Part, with full knowledge of the death of Baby T, entered a final judgment of adoption of Baby T by P.H. and J.H. They adopted a second child at the same time.
The wrongful death, survivorship, and medical malpractice complaint was filed on March 8,1995, by P.H., individually and as the administrator of Baby T’s estate, against Dr. Zedie and several other defendants.
On July 17, 1997, more than two years after the adoption had been finalized, Dr. Zedie filed a motion in the Family Part to vacate the final judgment of adoption of Baby T pursuant to Rule 4:50-l(d). Dr. Zedie argued, based on that rule, that the judgment of adoption was void because it was not permitted by statute and that she had standing to vacate the adoption. The trial court in a published opinion denied the motion based upon the Adoption Act, N.J.S.A. 9:3-37 to -56, and the court’s equitable and parens patriae powers. 308 N.J.Super. 344, 354,
The trial court concluded that Dr. Zedie had no standing under Rule 4:50-1 because she was neither a party to the adoption, nor a
Notwithstanding the trial court’s finding that Dr. Zedie lacked standing, it nonetheless addressed the substantive issue concerning the validity of the posthumous adoption. Ibid. Relying on In re Adoption of Children by O., 141 N.J.Super. 586, 589,
A divided panel of the Appellate Division reversed. In re Adoption of Baby T., supra, 311 N.J.Super. at 416,
The majority concluded that neither case law nor the doctrine of equitable adoption authorizes posthumous adoption in New Jersey. Id. at 413-14,
Alternatively, the Appellate Division held that the doctrine of equitable adoption was applicable only “to support a claim for benefits which would be available if a legally recognized parent-child relationship existed.” Id. at 416,
Judge Shebell dissented, disagreeing with both the majority’s determination of standing as well as with its conclusion on the substantive issue of the adoption’s validity. Id. at 416-20, 709
II
The prospective adoptive parents argue that Dr. Zedie lacks standing to move to vacate the judgment of adoption because she was neither a party nor a party’s legal representative to the original adoption proceeding as required by Rule 4:50-1. They further contend that the judgment of adoption created no substantial likelihood that Dr. Zedie would be harmed by it. On the merits, the prospective adoptive parents maintain that the judgment of adoption was a proper exercise of the Family Part’s equitable powers.
Dr. Zedie maintains that the prospective adoptive parents’ counsel conceded below that she had standing to challenge the adoption. Alternatively, Dr. Zedie contends that her status as a target of the medical malpractice action creates the requisite adverseness sufficient to confer standing to challenge the adoption. On the merits, she argues that neither the Adoption Act nor the doctrine of equitable adoption permits prospective parents to finalize an adoption after a prospective adoptee’s death.
III
The threshold issue is whether Dr. Zedie has standing to collaterally attack the final judgment of adoption by seeking to vacate it. The rule relied on by Dr. Zedie provides that the trial court “may relieve a party or the party’s legal representative from a final judgment [if] the judgment ... is void.” R. 4:50-l(d).
In terms of adoptions, the Adoption Act, the Rules of Court, and case law provide an aid in determining which individuals have standing to challenge an adoption action. N.J.S.A. 9:3-45 requires that notice of the adoption complaint and hearings must be given to the natural parents of the prospective adoptive child, absent surrender or termination of parental rights. In addition, under N.J.S.A. 9:3-46a and b, any parent or guardian who has not executed a surrender of rights as well as any individual who has provided primary care and supervision for the child for at least six months or one half of the life of the child, whichever is less, has standing to object to the adoption and must be given notice. See also R.K. v. A.J.B., 284 N.J.Super. 687, 692,
Our review of the record in light of the foregoing principles fails to reveal any persuasive basis upon which standing may be conferred upon Dr. Zedie to collaterally attack the judgment of adoption. The fact that counsel for the adoptive parents may have conceded that Dr. Zedie has standing to challenge whether plaintiffs are next-of-kin is legally insufficient to permit a successful collateral attack upon the judgment of adoption. First, standing is an element of justiciability that cannot be waived or conferred by consent. New Jersey Citizen Action, supra, 296 N.J.Super. at 411,
Dr. Zedie relies heavily on her assertion that she is entitled to standing due to the adverseness created between herself and the prospective adoptive parents resulting from the medical malpractice, wrongful death, and survivorship claim. We reject that
We agree with Justice Handler that this opinion should not be interpreted generally to deny standing to the defendants in wrongful death and survivorship cases to challenge the plaintiffs’ status as next-of-kin. Infra, at 343-44,
IV
Because we find that Dr. Zedie lacks standing to collaterally attack the judgment of adoption, we decline to address the issues related to posthumous adoptions and the applicability of equitable adoptions by prospective adoptive parents.
Although Justice Handler makes a persuasive argument that Dr. Zedie should be equitably estopped from collaterally challeng
We invite the Legislature to consider whether equitable and posthumous adoptions should be permitted and under what conditions. The Adoption Act is a creation of the Legislature that provides rights and obligations that were not available at common law. For example, the Legislature may wish to adopt an amendment to the Adoption Act that is similar to the Utah Adoption Code that provides for the entry of a final judgment of adoption if a child dies prior to the expiration of the statutory residency periods. Utah Code Ann. § 78-30-14(7). Such a provision in our Adoption Act would provide flexibility in cases such as the present one.
The judgment of the Appellate Division is reversed, and the judgment of adoption is reinstated.
Concurrence Opinion
concurring.
In this case, the defendant, an anesthesiologist, is being sued for malpractice in the death of an infant under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. The suit was brought by plaintiffs who claim to be the infant’s next-of-kin by virtue of a judgment of adoption obtained after the infant’s death. The Court holds that defendant lacks standing to challenge the posthumous judgment of adoption. I agree with the disposition of this ease, but write to emphasize that the majority opinion should not be interpreted to deny defendants in wrongful death suits the standing to challenge plaintiffs’ status as next-of-kin. An analysis permitting defendant the right to challenge plaintiffs’ status as next-of-kin, however, would not in the circumstances of this case lead to the conclusion that this defendant may collaterally attack the judgment of adoption at issue here.
Because the threshold focus in a case such as this must be on the Wrongful Death Act and whether plaintiffs are next-of-kin under that Act, it is necessary to distinguish between a defendant’s standing by way of defense to challenge a plaintiffs entitlement to bring suit and a defendant’s right to collaterally attack a final judgment. Standing is frequently expressed in terms of the plaintiffs interests. Standing generally refers to the plaintiffs entitlement to bring and maintain a suit, which rests on the party’s stake in the outcome of the litigation and an adversarial interest against opposing parties sufficient to assure an adversary proceeding. New Jersey Chamber of Commerce v. New Jersey Election Law Enforcement Comm’n, 82 N.J. 57, 67,
In this case, it is the putative status of plaintiffs as the heirs or next-of-kin of the deceased infant that entitles them to sue defendant for pecuniary loss attributable to the death of their child. It is beyond question that this defendant, being sued for malpractice under the Wrongful Death Act, has the requisite interest in the
It is well settled that a defendant may challenge the basis for a plaintiffs claim to the status of next-of-kin and entitlement to recover under the Wrongful Death Act. See, e.g., Gangemi v. National Health Lab., 291 N.J.Super. 569,
There are numerous examples in related contexts that confirm the right of defendants to challenge plaintiffs’ claims that they are either dependents or next-of-kin when that is a material element of their cause of action. New Jersey courts, especially in the intestacy context, recognize challenges to next-of-kin determinations. See, e.g., In re Estate of Rozet, 207 N.J.Super. 321,
The Court identifies the basic issue as “whether Dr. Zedie has standing to move to vacate the final judgment of adoption.” Ante at 348,
If one considers defendant’s defense as posing a challenge to the adoption judgment, it may be considered a collateral attack. Collateral attacks on previously entered judgments are generally disfavored in the law, primarily due to the notion of repose. The decision of a court to grant or deny a petition for relief “will be left undisturbed unless it results from a clear abuse of discretion.” Pressler, Current N.J. Court Rules, comment on R. 4:50-1 (1999). Although a judgment may be challenged because it is void, R. 4:50-l(d), the revocation of a final judgment of adoption generally requires “very unusual facts and circumstances.” In re Adoption of O., 88 N.J.Super. 30, 36,
It is the legal effect of the challenged adoption judgment that apparently will determine whether defendant can succeed in disputing plaintiffs’ status as next-of-kin. Principles of equitable estoppel, not standing, should be invoked and applied in determining whether, in these circumstances, the defendant should be entitled to set aside a judgment or neutralize its legal effect. The factors that are implicated by the doctrine of equitable estoppel include the relationship of the parties, the surrounding circumstances giving rise to the litigation, and the nature of the claims and defenses as between the parties. See, e.g., Heuer v. Heuer, 152 N.J. 226, 232-235,
The application of the doctrine of equitable estoppel is appropriate in this case. We may assume the relationship between the parties was that of doctor-patient; the plaintiffs functioned as parents of the child; they were the persons exercising parental authority regarding the infant’s well being. When the doctor undertook treatment of the child, she looked to and relied on plaintiffs as the infant’s parents to provide informed consent, to authorize medical treatment, and to be responsible for payment for her professional services. We may further assume defendant considered herself to be fully responsible and accountable to plaintiffs for the medical treatment to be rendered, and for the ensuing results. Also, that defendant voluntarily undertook to perform those professional services based on the strength of the parental relationship and authority. In the malpractice action itself those facts would be germane. The judgment of adoption was in no way relevant in the congeries of facts giving rise to the relationship among the parties and their respective rights and duties. It was only after the critical events transpired, and not until after the commencement of this malpractice suit, that the doctor began to question the validity of the plaintiffs’ status as parents. Because defendant had not contested plaintiffs’ parental role before, it would be unfair to plaintiffs to allow defendant to challenge their parental role now. Further, as noted by the majority and Judge Shebell in his dissent below, Dr. Zedie will not be prejudiced if she is precluded from challenging the legal effect of the judgment of adoption because she still has the opportunity to confront the merits and present a complete defense in the malpractice action. 311 N.J.Super. 408, 417-18,
The application of equitable estoppel calls for a close and focused analysis of the interests of the parties and the circumstances giving rise to the claims and defenses, a weighing of the equities. It is the analysis that should be followed in determining
Therefore, I agree with the Court’s reversal of the Appellate Division’s judgment.
Concurrence Opinion
concurring.
I concur in the judgment not because Dr. Zedie lacks standing to challenge the adoption of Baby T., but because the posthumous adoption properly recognized the substantive rights of the parties.
As Judge Shebell noted in his dissent below, it is inescapable that we cannot foreclose Dr. Zedie from defending herself in the wrongful death action, both by contesting the allegations of negligence and by challenging the nature of the relationship between Baby T. and his adoptive parents. Judge Shebell reasoned that any issues remaining after the adoption judgment would “be considered by a jury in the wrongful death action by taking into account1 ... whether there was such a well founded expectation of pecuniary benefit to the decedent’s next-of-kin to be derived from a continuance of the life of the decedent as could be estimated in money ...’” In re Adoption of Baby T., 311 N.J.Super. 408, 418,
Under the circumstances, these adoptive parents did not need a certified copy of the adoption judgment to have suffered emotional harm. A bystander may recover for emotional distress even if the bystander’s relationship to the injured person is not by marriage or by blood. See Dunphy v. Gregor, 136 N.J. 99, 115,
In granting the adoption, the Family Part simply did what the Legislature would undoubtedly intend that it do in the circumstances — achieve “essential and fundamental justice.” In re Adoption of a Child by H.C., 284 N.J.Super. 202, 207,
Based on these equitable principles, and the facts and circumstances uniquely presented by this case, the chancery judge’s equitable adoption holding was properly made in the adoption proceeding and should stand. Baby T “should not be allowed to be placed in some sort of legal limbo. Equity should not and cannot permit such a bizarre result in this case.”
[Baby T., supra, 311 N.J.Super. at 420,709 A.2d 1381 (Shebell, J., dissenting) (quoting In re Adoption of Baby T., 308 N.J.Super. 344, 364,705 A.2d 1279 (Ch.Div.1997)).]
Justices HANDLER and O’HERN, concur in result.
Opposed — None.