Robert O. v. Russell K.

604 N.E.2d 99 (1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Robert (F) and Carol (M) became engaged and moved in together. They did not get along, and F moved out and terminated all contact. M was pregnant and did not tell F. M then approached friends Russell K. and his wife and asked them if they wanted to adopt her child. The child was born, and M executed a judicial consent, and in May 1989, the adoption was finalized. M was never asked by the court to identify the father and signed a statement that there was no one entitled to notice or whose consent was required. F and M eventually reconciled and got married, and nearly 18 months after the birth and 10 months after the adoption, M finally told F about the child. F then reimbursed M for her medical expenses and commenced a proceeding to vacate the adoption order. Family Court rejected the petition. The Appellate court unanimously affirmed. The laws of the State did not require notice to F, as he did not fall into those categories listed in the statute.