Wyoming Court Case: In re B.G.D.

In the Matter of the ADOPTION OF BGD, a Minor; TD, By and Through her next friend and parents JD and ZD, Appellants (Plaintiffs), v. LDP and MFP, Appellees (Defendants) 

No. C-85-1 

Supreme Court of Wyoming 

713 P.2d 1191 

February 14, 1986 

Appeal from the District Court of Weston County, The Honorable Leonard McEwan, Judge. 

Reversed and remanded. 

Dennis C. Meier and George A. Clarke, Lusk, for Appellants.
Donald B. Hansen of Jones, Dumbrill & Hansen, Newcastle, for Appellees. 

JUDGES:
Thomas, C.J., Rooney, Brown, and Cardine, JJ., and Raper, J., Retired. Rooney, J., delivered the opinion of the Court. Thomas, C.J., filed a dissenting opinion.

Retired November 30, 1985. 

OPINIONBY:
ROONEY 

OPINION:

Appellant TD, by and through her parents, JD and ZD, brought suit against appellees LDP and MFP to recover custody of her infant daughter. This appeal is from a judgment in favor of appellees.
We reverse.
In mid-January of 1983, appellant and her mother met with their family medical doctor, Lanny Reimer, at his office in Newcastle, Wyoming. Appellant was fifteen years old, unmarried, and pregnant. She returned to Dr. Reimer's office for prenatal care on four other occasions, and each time he discussed with her the possibility of placing the child up for adoption.
Throughout this period, appellee MFP was employed by Dr. Reimer as his office manager. She and her husband, appellee LDP, had been hoping for some time to adopt a child and had expressed that desire to Dr. Reimer. Sometime in January, after seeing appellant, Dr. Reimer informed appellees that a child might soon be available for adoption.
On March 15, 1983, one week before her daughter was born, appellant went to Dr. Reimer's office for her last prenatal visit. Dr. Reimer suggested then that appellant discuss the legal aspects of adoption with attorney Gordon Schukei, with whom he had already scheduled an appointment for appellant. Appellees had previously retained Mr. Schukei to represent them in their efforts to adopt a child.
On the advice of Dr. Reimer, appellant and her mother met with Mr. Schukei that afternoon. Believing that appellant had already made up her mind to place her child up for adoption, and that, therefore, the sole purpose of her visit was to sign a consent form, Mr. Schukei presented her with the prepared document and advised her that it would be necessary for her to sign it. Appellant did so.
One week later, on March 22, 1983, appellant gave birth to a daughter. Approximately seven hours after delivery, and on the date of the birth, Dr. Reimer took the child from the hospital to his home where he gave her to appellees. Appellant testified that she told Dr. Reimer at the time of delivery that she did not want the adoption. Dr. Reimer testified in response to a question as to whether or not the mother said at the time that she wanted to keep the baby:

"I do not recall that exact statement. I certainly do know that she was ambivalent about this, and, you know, a part of her did not want to do this, and she may have said that to me and I do not recall that exact statement."