New Jersey Adoption Court Cases

New Jersey Court Case: Adoption of A Child of Indian Heritage
The child who is the subject of these proceedings has been referred to as Baby Larry. Petitioners, Kenneth Wright Jr., who claims to be the father of the child, and members of his extended family, moved to vacate the adoption on the grounds that they were not provided notice of the adoption proceedings and that the adoption of this child was not in accord with the requirements of the ICWA. Their claims necessitate a detailed and comprehensive recapitulation of the procedural history...


New Jersey Court Case: Nickell v. Gall
In January 1929 the Orphans' Court entered an order which granted the petition and adjudged and directed that "the rights, duties, privileges and relations heretofore existing between the said Patricia Agnes Friedlin, and her parent, the said Constance M. Friedlin, shall be, and are in all respects at an end, excepting the right of inheritance." See R.S. 9:3-7. After the adoption, Patricia lived with the Dunlaps and was known as Patricia Agnes Dunlap. In 1964 Patricia's natural mother...


New Jersey Court Case: The Adoption of E
The facts are undisputed. Cynthia Burke, holder of a Ph.D. in Psychology, is a past Associate Professor at Seton Hall University. Her husband, John, holder of a Master's Degree in Speech Pathology, is currently working toward his Doctorate at Southern Illinois University. In 1965, the Burkes applied to the New Jersey Bureau of Children's Services n2 for assistance in the adoption of a child. They were informed that, pursuant to a department regulation, they would be required...


New Jersey Court Case: Sees v. Baber
This is an action by an unmarried mother for the return of her child whom she had surrendered to defendants for adoption. The events critical in this litigation unfolded quickly. The child was born on July 3, 1976; a consent for adoption was executed on July 6th; the next day the baby was surrendered to the custody of defendants; two days later on July 9th, the mother told the doctor and defendants' attorney that she had changed her mind; within a few days her request for the...


New Jersey Court Case: In re Baby M.
We invalidate the surrogacy contract because it conflicts with the law and public policy of this State. While we recognize the depth of the yearning of infertile couples to have their own children, we find the payment of money to a "surrogate" mother illegal, perhaps criminal, and potentially degrading to women. Although in this case we grant custody to the natural father, the evidence having clearly proved such custody to be in the best interests of the infant, we void both the termination...


New Jersey Court Case: Adoption of A Child By D.M.H.
The controversy in this case is between a mother, who voluntarily surrendered her newborn baby for adoption but subsequently objected to the adoption, and the adoptive parents, who seek to terminate the mother's parental rights so that they can adopt the child. The surrender of the child for adoption took place privately. The parties agreed that the biological mother could have some continuing contact with the child following his adoption. Almost a year...


New Jersey Court Case: Guardianship of K.H.O.
The New Jersey Division of Youth and Family Services brought this termination action against the biological mother of K.H.O. The complaint was based on the statutory standards that codified this Court's decision in New Jersey Division of Youth & Family Services v. A.W., 103 N.J. 591, 512 A.2d 438 (1986). That standard, considered also in the companion case In re Guardianship of DMH, 161 N.J. 365, 736 A.2d 1261 (DMH (II)), decided today, encompasses several criteria to determine...


New Jersey Court Case: Adoption of A Child by W.P.
The prospective adoptive parents filed a complaint for adoption. TS filed a formal answer objecting to the adoption on May 2, 1995. His parents, KS and MS (the "grandparents" or "respondents"), filed an application to intervene to obtain custody of V, to permit grandparental visitation, and to permit them to file a complaint for the adoption...


New Jersey Court Case: Mimkon v Ford
Where the mother of a child is deceased, is the maternal grandmother of that child entitled to visit her by virtue of N.J.S.A. 9:2-7.1 when the natural father and his second wife, who has legally adopted the child, refuse to permit visitation? That is the question presented on this appeal. Jill Ford was born to Joan and Donald Ford on July 2, 1966. The parents had separated prior to her birth. They were divorced on November 4, 1968. Thereafter, Jill resided with her mother...


New Jersey Court Case: Adoption of Two Children by A.M.
At issue in this matter is the propriety of a judgment entered in the Middlesex County Court for the adoption of two children by A.M. and L.M., with whom the children had been placed by the Division of Youth and Family Services (DYFS) as foster parents pursuant to an order issued by the Middlesex County Juvenile and Domestic Relations Court in a proceeding under N.J.S.A. 30:4C-12. The natural parents, who had vigorously contested the adoption, appealed from the judgment...


New Jersey Court Case: Adoption of Children by N.M.
In this matter the Bergen County Court, Probate Division, granted the petition of N (herein stepfather) to adopt S, age 7, and G, age 3, children of his present wife R, formerly Miss V, (herein mother). M, the natural father of the two children (herein father), contested the proceedings as to the older child. He appeals from that part of the judgment allowing S to be adopted by the...


New Jersey Court Case: Adoption of a Child by R.D.
The child was born to Miss K., a Pennsylvania resident, in a Philadelphia hospital January 6, 1973, and was turned over to plaintiffs, New Jersey residents, by Miss K. and R., the natural father, at the hospital on January 9, 1973, the latter both signing affidavits expressing a present intent to give up the child for adoption because they "were not married and [were] unable to care for the child." Plaintiffs have had custody of the child ever since, the order under appeal having been stayed pending the appeal. No issue of choice of law is raised in this appeal, and we apply New Jersey law. When K. was given notice of the pendency of this...

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