Monty S. v. Jason W.

863 N.W.2d 484 (2015)

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Nature of the Case

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Facts

The parties, in this case, were friends. Rebecca (D) was unable to have children. Teresa and Monty (Ps) 'felt sorry' for Rebecca and discussed the possibility that Teresa (P) might serve as a surrogate for the couple. Rebecca (D) and Jason (D) ultimately agreed, and it was decided that Ps would conceive a child and, at the time of its birth, give that child to Ds for private placement adoption. The intent was that Ps would be a part of the child's life. The child was born. Two days after the child's birth, Ps each signed separate documents relinquishing their parental rights and consenting to the adoption by Ds. At this meeting, Rebecca (D) tore up the nonconsent forms presented to Ps and announced that they were unnecessary because the adoption was to be 'open.' Nonconsent forms are signed by biological parents to signify the intent that adoption records be sealed. Where the forms are not signed, such records are not sealed. Ps filed a motion for habeas corpus. Ps testified that they were not informed that 'open' adoptions were essentially unenforceable in Nebraska. This was confirmed by the testimony of the attorney conducting the meeting, as well as by Ds. Ps also testified that had they known that they would not be able to maintain contact with the child, they would not have signed the relinquishment forms. The district court invalidated the relinquishments, concluding that the parties' plan for an 'open' adoption invalidated the relinquishments as conditioned upon the retention of some parental rights. Ds appealed.