E.E.B. v. D.A.

89 N.J. 595 (1982)

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Nature of the Case

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Facts

A baby girl was born in Ohio and has lived in New Jersey since a year after her birth. A month before her birth the natural mother consulted the Ohio Welfare Department concerning the adoption of her child at birth. Three days after the birth, the mother and the natural father signed a sworn Permanent Surrender of the Child form that gave custody to the Holmes County Welfare Department. Three days later the Department delivered the child to the prospective adoptive parents. One week after signing the surrender form, the mother appeared and orally revoked the surrender. The Department did not inform the Ohio Juvenile Court, and the court approved the surrender on the following day. Two months later the mother instituted a habeas corpus proceeding to obtain custody of the child. The Ohio court found that the mother had validly consented to the surrender and denied the writ. The Appeals court affirmed. The adoptive parents then moved from Ohio to New Jersey. The Ohio Supreme Court reversed and remanded the matter. The adoptive parents filed a motion for a rehearing asserting that the court should conduct a best interest hearing before the habeas writ should issue. That rehearing was denied by the Ohio Supreme Court. The Juvenile court issued the writ. The adoptive parents then instituted an action in New Jersey in September 1980. The court found it had jurisdiction to have a best interests hearing. Neither the mother nor her legal counsel appeared or participated in the best interests hearing. The court ruled in favor of the adoptive parents. The natural mother appealed under full faith and credit.