Diane M. v. Christian V.

Appellants Christian and Cynthia V. appeal from a judgment granting the natural mother’s petition to withdraw her consent to the adoption of her child, Jennie L., by the appellants, and dismissing the adoption proceedings.

The Facts

Jennie L. was born to Diane M. on August 5, 1978. The unwed mother was 16 years of age at the time. When she reported the fact of her pregnancy to her parents, they were upset and angry. They first took her to a doctor to discuss an abortion. When Diane refused an abortion her parents took her to see the appellants’ attorney to discuss a possible adoption. A tentative agreement was reached and thereafter appellants were included in the planning for the birth of the child. Appellants were notified when Diane went to the hospital so that they would be present for the delivery, and Diane signed a release to permit the appellants to take Jennie L. home with them from the hospital. Two days later the appellants filed a petition for independent adoption.

On November 6, 1978, Diane was taken to see an adoption worker at the Department of Social Services where she signed an adoption consent form. Shortly after signing the consent she told the…