Michaud v. Wawruck

551 A.2d 738 (1988)

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Nature of the Case

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Facts

Michaud, (P) filed a complaint seeking specific enforcement of an open adoption agreement between herself and Wawruck's (D). D filed a motion to strike, and it was granted. Prior to this ruling P agreed not to withdraw her consent to adoption if Ds would permit regular visitation between P and the child during the child's minor years. This agreement was placed on the record in Superior Court. The agreement was not made part of the subsequent adoption decree. After the adoption was finalized, Ds terminated all visitations between P and the child. The lower court ruled that adoption was a creature of statute, and that precluded private side agreements, and as such, the contract did not confer any enforceable rights upon P. P appealed.