| Contracts - H M Acedo v. AZ Dept of Welfare (9/9) | |
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| Tweet Topic Started: Sep 6 2008, 02:17 AM (39 Views) | |
| Post #1 Sep 6 2008, 02:17 AM | Mike |
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Herlinda Marie ACEDO, Appellant, v. STATE of Arizona, DEPARTMENT OF PUBLIC WELFARE, Appellee No. 1 CA-HC 30 Court of Appeals of Arizona, Division One, Department B 513 P.2d 1350; 1973 Ariz. App. LEXIS 762; 20 Ariz. App. 467 September 25, 1973 CASE SUMMARY PROCEDURAL POSTURE: Appellant natural mother complained of the decision of the trial court (Arizona), which denied her petition for habeas corpus that was designed to regain the child who was placed in an adoptive home by appellee adoption agency. OVERVIEW: Three days after the child had been placed in the home of adoptive parents, the natural mother sought to withdraw her consent to the adoption. The trial court denied her petition. On appeal, the court affirmed the trial court's decision. The court noted that there was no contention that the mother was unable to give a valid consent or that the statutory formalities were not followed. The mother did not contend that her consent was obtained by fraud, duress, or misrepresentation. She argued only that she thought that she had six months in which she could change her mind and regain her child. The court noted that the form gave unconditional consent to the placement of the child, and specifically stated that she relinquished all rights in the child. The court held that the form clearly indicated that the consent given was immediately effective. The court reasoned that if a natural parent was permitted to change his or her mind after once consenting to place a child for adoption, then adoptive parents would fear the consequences of adopting a child, knowing that their efforts were at the whim of a natural parent. Public policy demanded that the statutory process be followed. OUTCOME: The court affirmed the judgment of the trial court, which denied the natural mother's petition to withdraw her consent to the placement of her child for adoption by the adoption agency. CORE TERMS: baby, consent form, adoption agency, adoptive home, coercion, signing, natural mother, adoptive parents, placement, conversation, relinquish, custody, revoke, birth, whim, natural parents, legal significance, policy considerations, misconception, unexpressed, consentor, finality, parental, invalid, duress, welfare worker, adoption statutes, legal cause, fact situation, years of age LexisNexis® Headnotes Hide Family Law > Adoption > Consent > General Overview Family Law > Parental Duties & Rights > Consent > General Overview Family Law > Paternity & Surrogacy > Establishing Paternity > Father's Acknowledgment HN1 The requirement for parental consent to an adoption is found in Ariz. Rev. Stat. § 8-106, which states that (A) no adoption shall be granted unless consent to adopt has been obtained and filed with the court from the following: 1. From both natural parents, if living, except in the following cases: (d) Consent is not necessary from a father who was not married to the mother of the child both at the time of its conception and the time of its birth, unless the father under oath has acknowledged parentage in a document filed with the court or with the agency or division at or prior to the time the petition is filed, or unless the parentage of the father has been previously established by judicial proceedings. D. The minority of the child or parent shall not affect his competency to give consent in the instances set forth in this section. More Like This Headnote | Shepardize: Restrict By Headnote Family Law > Adoption > Consent > General Overview HN2 Ariz. Rev. Stat. § 8-107 provides that: (A) All consents to adoption shall be in writing and signed by the person giving the consent and witnessed by two or more credible witnesses who are at least eighteen years of age and who subscribe their names in the presence of the person giving the consent. B. A consent given before seventy-two hours after the birth of the child is invalid. C. The consent shall be dated and shall sufficiently identify the party giving the consent and the child to whose adoption the consent is given. D. The consent shall designate either of the following: 1. An agency or the division as authorized by the party giving the consent to place the child for adoption. More Like This Headnote | Shepardize: Restrict By Headnote Family Law > Adoption > Consent > Biological Parents Family Law > Adoption > Consent > Revocation Family Law > Parental Duties & Rights > Consent > General Overview HN3 A consent once given by the parent or other persons having the authority to give such consent, may not be revoked after the child has been placed in the possession of the adoptive parents except for legal cause shown, as where such consent was procured through fraud, undue influence, coercion or other improper methods. More Like This Headnote | Shepardize: Restrict By Headnote Contracts Law > Defenses > Ambiguity & Mistake > General Overview Contracts Law > Formation > Ambiguity & Mistake > General Overview Family Law > Adoption > Consent > General Overview HN4 Having had full opportunity to read the documents before signing them, a natural parent will not be permitted to avoid the agreements on the ground that she was mistaken as to or ignorant of their contents. More Like This Headnote | Shepardize: Restrict By Headnote Contracts Law > Defenses > Duress & Undue Influence > General Overview Contracts Law > Defenses > Fraud & Misrepresentation > General Overview Family Law > Adoption > Consent > General Overview HN5 One may not avoid the consequences of his voluntary acts, acts not induced by fraud, duress, coercion, etc., by proof that he or she did not realize the seriousness and finality of the papers she or he was signing. Such a rule of law would render every contract voidable at the whim of the maker. More Like This Headnote |
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3:36 AM Jul 11