In re Adoption of Baby Girl T., 85,224.

• Decision Date: 23 March 2001
• Docket Number: No. 85,224.,85,224.
• Citation: 21 P.3d 581,28 Kan. App.2d 712
• Parties: IN THE MATTER OF THE ADOPTION OF BABY GIRL T.
• Court: Kansas Court of Appeals

28 Kan. App.2d 712

21 P.3d 581

IN THE MATTER OF THE ADOPTION OF BABY GIRL T.

No. 85,224.

Court of Appeals of Kansas.

Opinion filed March 23, 2001.

William Rex Lorson, of Salina, for appellant.

Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., of Wichita, for appellees.

Before RULON, C.J., ELLIOTT, J. and WAHL, S.J.

RULON, C.J.:

T.A.T., the birth mother of Baby Girl T, appeals from the district court's denial of her motion to revoke her consent to the adoption of Baby Girl T. We affirm.

The material facts are as follows:

The birth mother has lived with her mother, M.W., her stepfather, J.W., her full sister, and her two half-sisters since she was 4 years old. The birth mother's relationship with her stepfather had been continually strained. Although J.W. adopted the birth mother's full sister shortly after J.W. married M.W., the birth mother refused to consent to being adopted by J.W.

The situation worsened in 1994 when J.W.'s eldest daughter engaged in writing bad checks, which placed a financial hardship on the family as J.W. attempted to assist his daughter in paying her debts. As a result, tension threatened to disrupt the relationship between J.W. and M.W. M.W. threatened to divorce J.W. unless he quit assisting his eldest daughter. J.W. ultimately complied but estranged his daughter in the process.

J.W. blamed M.W. for the schism in his relationship with his daughter and his parents. J.W. warned the birth mother not to make the same mistake his daughter had made. M.W. pushed the birth mother to excel in school and to avoid behavior that J.W. could use to justify expelling her from the home. The birth mother excelled in school, earning a grade point average exceeding 3.8 and held various class offices.

However, despite M.W.'s attempts to control the birth mother's behavior, the birth mother became sexually active. When M.W. discovered the birth mother was engaging in sexual activity, M.W. took her to Statcare for a shot of Depo Provera, a contraceptive. Yet, in spite of the precautions, the birth mother discovered she had become pregnant in May 1999.

Initially, the birth mother attempted to hide the pregnancy, fearing the reaction of M.W. and J.W., her classmates, and her teachers. She shared the knowledge of her pregnancy only with a close friend.

Eventually, M.W. noticed the birth mother had gained weight and asked her if she was pregnant. When the birth mother confessed she was 8½ months along in her pregnancy, M.W. began calling adoption agencies without consulting the birth mother. M.W. also scheduled an appointment with a local doctor. Throughout M.W.'s intervention upon learning of the pregnancy, the birth mother did not object to her mother's suggestion to enter an adoption plan for the baby.

By the time the birth mother attended an appointment with a gynecologist, Dr. M.B., she represented a decided intent to place the child for adoption. K.R., the administrative assistant to Dr. M.B., presented the birth mother with the portfolios of Mr. and Mrs. A who were interested in adopting. K.R. offered to call Mrs. A so that the birth mother could ask some preliminary questions. As a result of the telephone conversation, the birth mother agreed to meet Mrs. A. as a prospective adoptive parent for her baby.

The birth mother visited with Dr. M.B. and then joined K.R. and Mrs. A. at a local restaurant. Mrs. A. explained her previous adoption experience with the birth mother, describing the open adoption process and visitation of the birth family on special occasions. At trial, the testimony regarding the extent of the visitation discussed that evening was conflicting.

The birth mother felt comfortable with Mrs. A. and invited her to view the sonogram scheduled for the following day. She also made arrangements to meet with Mrs. A. and Mrs. A.'s attorney following the sonogram.

At the meeting Mrs. A.'s attorney, J.B.A., informed the birth mother that she had handled Mrs. A.'s previous adoption and that Kansas law does not prohibit an attorney from representing both the adoptive parents and the birth mother in an adoption. J.B.A. further explained that, should a conflict arise between the birth mother and the adoptive parents, J.B.A., as the attorney for both parties, must withdraw from representation of either side.

Additionally, J.B.A. told the birth mother how she had become interested in working on adoptions, discussed some of the legal requirements for adoption, and emphasized the need to obtain the consent of the birth father, if he was known. The birth mother, fearing the birth father's mother would demand rights to the child, told J.B.A. and Mrs. A that she did not know the identity of the baby's father. Again, the testimony concerning what was discussed about visitation after the adoption is disputed.

Eventually, the birth mother informed Mrs. A. and J.B.A. that she knew the identity of the birth father and was able to contact him. M.W. also revealed that she knew the identity of the birth father but explained her hesitancy with allowing the paternal grandmother visitation with the child. Mrs. A. reassured M.W. that any visitation would be supervised.

J.B.A. scheduled a meeting between the adoptive parents and the birth parents at a local restaurant. The birth mother, her current boyfriend, M.W., E.P. (the birth father), J.B.A., and Mr. and Mrs. A. attended. The birth mother brought several documents with her that J.B.A. had previously mailed to her.

Starting with E.P.'s documents, J.B.A. reviewed each document with the birth mother and E.P. before requesting that E.P. sign a pre-birth consent to adopt. After E.P. had signed and left the restaurant, J.B.A. explained that the birth mother's documents were similar to those just reviewed with E.P., except that pre-birth consent was not binding and that she retained the right to withdraw her consent at any time until she had signed the final consent following the birth of the child. J.B.A. provided the birth mother with an opportunity to ask questions about the documents. When the birth mother asked about the consequences of signing the pre-birth consent and then withdrawing her consent to adopt, J.B.A. explained that the birth mother would be responsible for the costs of the birth.

On December 27, 1999, the birth mother kept an appointment with Dr. M.B., who authorized the inducement of labor. She immediately checked into the hospital under an assumed name. The birth mother was accompanied to the hospital by M.W., Mrs. A., and L.B., a close friend.

While waiting for labor to begin, the birth mother talked with Mrs. A. about the baby, although the interpretations placed on the conversation by the birth mother and Mrs. A. diverged greatly.

At 5:15 a.m. on December 28, 1999, the birth mother delivered a healthy baby girl. Mrs. A. and L.B. were present for the delivery.

The birth mother remained animated and alert after giving birth, not needing heavy medication, and her conversation remained lucid as she expressed a continued desire to proceed with the adoption. J.B.A. called shortly after the birth to confirm the arrival of the baby and, subsequently, called the birth mother to request a meeting at the hospital to sign the final consent forms at 5:30 p.m. that evening. The birth mother agreed.

At no time, during or after the birthing process, did the birth mother express a reluctance to carry through with the adoption. Even when Dan Gard, the hospital social worker, came to inquire about her decision regarding the placement of her child for adoption, the birth mother confirmed her desire to proceed with the adoption.

At 5:30 p.m., the birth mother, M.W., Mr. and Mrs. A., E.P., J.B.A., and Dan Gard met in a hospital lounge so the birth mother could sign the final consent to adopt. After signing the papers, she asked to go home. After a short delay in which the birth mother was examined prior to release, M.W. drove her home.

The next morning the birth mother called the hospital wanting to speak to Mrs. A. but upon discovering that Mrs. A. was unavailable, simply told a nurse that she was having second thoughts about placing the child for adoption. When M.W. awoke, she noticed the telephone directory open to the hospital's number, so she confronted the birth mother who then expressed her desire to revoke her consent to adopt. M.W. called an attorney who advised M.W. that the only method of regaining the child after the consent to adopt was final was to ask the adoptive family to return the child.

The birth mother returned to the hospital with the purported intent of asking M.W. to seek return of the child. The birth mother, afraid of angering Mrs. A., requested her mother to ask for the child. Mrs. A. refused to return the child.

The birth mother then asked her mother to make an appointment with an attorney to determine whether she could lawfully revoke her consent to adopt. Later, the birth mother canceled the appointment when she was able to visit the child at Mr. and Mrs. A.'s home. Between December 31, 1999, and January 22, 2000, the birth mother visited Mr. and Mrs. A.'s home nine times. She admitted that neither Mr. nor Mrs. A. ever denied her a requested visit.

However, during the visit on January 22, Mrs. A. informed the birth mother that she should consider reducing the frequency of her visits because Mr. A. was not comfortable. The birth mother then realized that her concept of "open" adoption was dissimilar to that held by Mr. and Mrs. A.

The birth mother filed the present motion for revocation of consent to adopt on January 26, 2000. After 3 days of trial, the district court considered the evidence and the parties' trial briefs before determining that revocation was not proper under the factual circumstances presented. The court denied the motion.

Revocation of Consent

In her motion to revoke her consent, the birth mother argued her consent was not freely and voluntarily given. Neverthe...