In The Matter Of The Adoption Of A Child By N.P. And F.P.

398 A.2d 937 (1979)

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Nature of the Case

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Facts

The child was born on March 30, 1978, in Santiago, Chile. The natural mother delivered custody of the child for adoption to the Maternity Clinical Hospital, Social Services, Chile University. Ps have no children born of their marriage. They read an article in the New York Daily News concerning children who were available for adoption from Chile. The article referred them to Pat Quinlan, who, in turn, referred Ps to Father S., a priest of the Archdiocese of Rockville Center, New York. Father S. had a working relationship with Father G. in Chile. Ps received a telephone call from Pat Quinlan who recommended a lawyer in Santiago, Chile, by the name of Don Eugenio Donoso. Several days later Pat Quinlan again called the prospective adoptive parents to advise that a child, was available for adoption. The prospective adoptive parents forwarded to Donoso the necessary papers to obtain a visa to bring the child to the United States. On June 8, 1978, Donoso received approval from the Fourth Judge of Letters of Courts of Minor, Santiago, Chile, to have the child brought to the United States for the purpose of adoption by the prospective adoptive parents. On June 17, 1978, the child was brought into the United States by Maria Elena Iberra, who was hired by Father G. to bring the child to Kennedy Airport in New York. The prospective adoptive parents met Maria Elena Ibarra at Kennedy Airport and took custody of the child. Ps spent (a) $3,000 to Don Eugenio Donoso, attorney in Santiago, Chile; (b) $1,169 to Maria Elena Ibarra for plane fare for herself and the child, clothing, and passport; (c) $72 to the Consulate of Chile for legalization of documents; (d) $50 for translations; (e) $150 to Mrs. Greenfield for a home study; (f) $625 to a New Jersey attorney for services in the Union County Court, Probate Division, in connection with the instant adoption. Donoso spent $238.79 for foster home care; $27.41 for medicine; $16.13 for doctor's bill; $9.67 for pictures; $158.85 for clothes during April 3 to June 12, 1978; $18 for notary on the power of attorney; $12.58 for legalization of the power of attorney and decision of the judge; $16.13 for tips to employees of the court; $16.13 for miscellaneous expenses; $500 for a donation to the Chile University Clinical Hospital, and $ 2,000 for attorney's fee. Ps apparently violated a number of New Jersey laws that state: No person * * * shall * * * materially assist in the placement of any child for adoption in New Jersey unless such person shall be the parent or guardian of the child * * * For the purposes of this section, material assistance in the placement of any child shall include, but shall not be limited to acting as an agent, finder or intermediary for or between any parent and any prospective parent or a person acting on behalf of either in connection with a placement for adoption of such parent's child.