Sees v. Baber
377 A.2d 628 · Supreme Court of New Jersey · 1977
Facts
Margaret Sees, an unmarried 19-year-old, became pregnant and decided to give her child up for adoption. She discussed this with her mother, a caseworker, and Dr. Thompson, who advised her on private placement. Her child was born on July 3, 1976. On July 6, 1976, her 20th birthday, she executed a consent for adoption and met with an attorney representing the adoptive parents, who explained the document. On July 7, 1976, she surrendered the baby to the defendants in the hospital parking lot. Two days later, on July 9, 1976, she changed her mind and informed Dr. Thompson and the defendants' attorney that she wanted her baby back. Her request for the child's return was refused.
Procedural history
Plaintiff instituted an action in the Chancery Division of the Superior Court in Passaic County seeking the immediate return of her child. The trial court denied her relief, granted judgment to the defendants on their counterclaim, and terminated plaintiff's parental rights. Plaintiff appealed, and the Appellate Division affirmed the final judgment. Plaintiff then filed a petition for certification and a motion for acceleration, which were granted, bringing the case before this court.
Issue
Can a natural mother's parental rights be terminated under the standard of "forsaken parental obligations" when she voluntarily consented to a private adoption and surrendered her child, but promptly changed her mind and sought the child's return? Is she entitled to the immediate return and custody of her child under these circumstances?
Holding
The lower courts erred in concluding that the plaintiff had abandoned or forsaken her child, and her parental rights should not be terminated. The court reversed the lower court's decision and ordered the immediate return of the child to the plaintiff with full and exclusive rights of custody.
Rule
In private adoptions, parental rights may only be terminated if a parent has "forsaken parental obligations," defined as "willful and continuous neglect or failure to perform the natural and regular obligations of care and support of a child." Unlike agency placements, consent and voluntary surrender in an unsupervised private placement are not irrevocable and do not automatically constitute forsaking parental obligations, especially when the parent demonstrates an immediate change of mind and diligently attempts to regain the child. The court disfavors unsupervised private placements due to inherent dangers and the lack of protections for natural parents.
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