Lynn M., In re

• Decision Date: 01 September 1987
• Docket Number: No. 62,62
• Citation: 312 Md. 461,540 A.2d 799
• Parties: In re LYNN M. ,
• Court: Maryland Court of Appeals

Page 461

312 Md. 461

540 A.2d 799

In re LYNN M.

No. 62, Sept. Term, 1987.

Court of Appeals of Maryland.

May 4, 1988.

James A. Shrybman and Harvey Schweitzer, Takoma Park, for appellant.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

COLE, Judge.

The question in this appeal is whether the circuit court erred in dismissing a petition for adoption of an infant child on the grounds of lack of jurisdiction.

I

Adoptions were unknown at common law and exist today solely because of statute.The first Maryland statute addressing this subject is found in the Acts of 1892, ch. 244, later codified in Article 16, §§ 62A to 62F, and today found in Md.Code(1984, 1987 Cum.Supp.)§§ 5-301 to 5-330 of the Family Law Article.The predominant theme of all these enactments has been to preserve and protect the interests and welfare of the child.SeeWashington County Dep't of Social Serv. v. Clark, 296 Md. 190, 461 A.2d 1077(1983);Ross v. Hoffman, 280 Md. 172, 372 A.2d 582(1977);Lippy v. Breidenstein, 249 Md. 415, 240 A.2d 251(1968);Beltran v. Heim, 248 Md. 397, 236 A.2d 723(1968);King v. Shandrowski, 218 Md. 38, 145 A.2d 281(1958);Winter v. Director, 217 Md. 391, 143 A.2d 81(1958);see alsoCourtney v. Richmond, 55 Md.App. 382, 462 A.2d 1223(1983).We point out the pertinent parts of the present adoption statute which impact upon the decision in this case.

Section 5-303(b)(1) indicates that the purpose of the statute is to protect

(1) children from:

(i) unnecessary separation from their natural parents; and

(ii) adoption by individuals who are unfit for the responsibility;

(2) natural parents from a hurried or illconsidered decision to give up a child; and

(3) adoptive parents:

(i) by providing them information about the child and the child's background; and

(ii) from a future disturbance of their relationship with the child by a natural parent.

Section 5-301 makes clear that adoptions may be initiated through a child placement agency, which may be either a local department of social services or a private agency licensed by the State.Adoptions may also be initiated independent of a child placement agency, as by an individual.When the agency is involved usually its staff investigates to find suitable and fit parents for the child.When independent adoptions are effected, it is usually the adoptive parent(s) who seeks out the child to adopt by some form of advertisement or in some cases through attorneys.¹

Section 5-307 provides that both minors and adults may be adopted while § 5-309 provides that any adult, whether married or single, is eligible to adopt.However, if the petitioner is married, the petitioner's spouse must join in the petition.See§ 5-315.²

The legal effects of an adoption are discussed in § 5-308(b) which provides:

In general.--Except as otherwise provided in this section, after a decree of adoption is entered:

(1) the individual adopted:

(i) is the child of the petitioner for all intents and purposes; and

(ii) is entitled to all the rights and privileges of and is subject to all the obligations of a child born to the petitioner in wedlock (2) each living natural parent of the individual adopted is:

(i) relieved of all parental duties and obligations to the individual adopted; and

(ii) divested of all parental rights as to the individual adopted; and

(3) all rights of inheritance between the individual adopted and the natural relatives shall be governed by the Estates and Trusts Article.

Of fundamental importance to the entire adoptive process is the consent of the natural parents.In this regard, § 5-311 provides, in part

(a) In general.--Unless the natural parents' rights have been terminated by a judicial proceeding, an individual may not be adopted without the consent of:

(1) the natural mother;

(2) the natural father; and

(3) the individual, if the individual is at least 10 years old.

* * *

(c) Revocation of consent.--(1) Except as provided in paragraph (2) of this subsection, within 90 calendar days after the required consent to an adoption is filed under this section, or any time before a final decree of adoption is entered, whichever occurs first, the individual or agency executing the consent may revoke the consent.

(2) An individual to be adopted may revoke the individual's consent at any time before a final decree of adoption or an interlocutory decree of adoption is entered.

(3) Except as provided in paragraphs (1) and (2) of this subsection, the required consent to an adoption filed under this section may not be revoked at any time by the individual or agency executing the consent.

Under § 5-314(a) consent of a natural parent is not valid "unless the consent contains an express notice of the right to revoke consent under § 5-311 or § 5-317...."Further, § 5-314(b) mandates that the "consent of a minor parent is not valid unless the consent is accompanied by an affidavit of counsel appointed under § 5-323 ... that the consent of the minor parent is given knowingly and willing [sic]."In this connection § 5-323(a)(3) requires that: "In a proceeding for an adoption ... the court shall appoint separate counsel to represent a minor parent."

The statute also contains a provision providing that a person rendering service in connection with the placement of an individual for adoption may not receive compensation for the placement.However, customary charges or fees for hospital, medical, or legal services are permitted.See§ 5-327(a).A violation of this section is a misdemeanor.See§ 5-327(d).We further note that § 5-324 precludes the entering of a final adoption decree until at least 15 days after the birth of the child to be adopted.See alsoMd.Rule D79.

In terms of jurisdiction, § 1-201(a)(1) and (5) of the Family Law Article provides that an equity court has jurisdiction over the adoption, custody, or guardianship of a child.The circuit courts in this state have full equity powers and jurisdiction.SeeMd.Code(1974, 1984 Repl.Vol.)§ 1-501 of the Courts and Judicial Proceedings Article.Accordingly, the circuit courts have the exclusive power to sever the legal ties between parent and child by allowing the adoption of the child by another.In re Darius A., 47 Md.App. 232, 235, 422 A.2d 71, 72(1980).

II

The facts to which this law must be applied are as follows.The petitioners, Colonel Gene L. Juve and his wife, Penny, residents of Fairfax, Virginia, at the start of these proceedings in 1985, desired to adopt a child.³Because of the transient nature of Colonel Juve's Air Force service, the couple decided to pursue an independent adoption rather than seek an adoption through an agency.The Juves placed several classified advertisements in a variety of newspapers and were subsequently contacted by a young, married couple from Prince George's County, Maryland, who were expecting a child.After meeting with the Juves, the parties agreed that the Juves would adopt the child after its birth, and that the Juves would assume responsibility for the payment of any expenses related to the pregnancy.

The child, Lynn M., was born on September 28, 1985, in Prince George's County General Hospital.When the child and her mother were discharged from the hospital several days later, the natural parents, to avoid the formation of emotional ties to the child, allowed the Juves to assume temporary custody of Lynn M.

Immediately thereafter, on October 4, 1985, the Juves, with the aid of a local attorney, filed a petition for adoption of Lynn M. in the Circuit Court for Prince George's County.Specifically, the petition requested that the court enter a final decree of adoption, change the name of the child, seal the papers filed in the case, and grant any other relief deemed just and proper.The petition for adoption was accompanied by a pre-placement investigative report completed by a clinical social worker.The report recommended that the Juves be the adoptive parents "without reservation."Also attached was an affidavit executed by the petitioners describing the method employed in effecting the placement of the child.The pleadings also included several documents filed by the natural parents of Lynn M. wherein they joined the petition of adoption as parties, specifically consenting to the adoption, waiving the right to future notice, and executing a power of attorney which granted temporary custody of the child to the Juves.The natural parents filed these documents pro se, apparently however, with the assistance of the attorney representing the Juves.

On October 28, 1985, the circuit court(Woods, J.) confirmed the act of the natural parents by granting temporary custody and guardianship of Lynn M. to the Juves.⁴Meanwhile, the court ordered an investigation of the parties by the Department of Juvenile Services, ⁵ and requested that counsel for the Juves submit an order for the appointment of an attorney to represent the natural mother who was a minor at the time the petition was filed.⁶The circuit court(Loveless, C.J.) also referred the case to the Prince George's County State's Attorney's Office for an investigation of a possible violation of § 5-507 which regulates the private placement of children.⁷

The Department of Juvenile Services submitted a comprehensive report to the circuit court on March 5, 1986, which contained information regarding the natural parents, the prospective adoptive parents, and the child to be adopted.The report recommended that a decree of adoption be granted.

Counsel for the Juves filed a motion for hearing which hearing was held on November 3, 1986, before Chief Judge Loveless.After the proceeding was underway, Chief Judge Loveless, sua sponte, raised the question of whether the circuit court had jurisdiction to entertain the petition since the child and the adoptive parents were residing in Virginia.He directed the Juves' attorney to file a memorandum...