GAIL CATHY GRABOVETZ, APPELLANT,
v.
MARK P. SACHS AND ABBY SACHS, HIS WIFE, APPELLEES
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A natural mother challenged her consent to adoption, claiming she was unduly influenced by her father to give up her newborn daughter. The court affirmed the adoption, holding that the mother failed to prove duress or undue influence and that her consents were freely and voluntarily executed.
The court affirmed the adoption decree, holding that the mother failed to meet her burden of proving duress or undue influence. The consents were freely and voluntarily given and must be held valid and binding absent fraud or duress.
[1] A consent to adoption, freely and voluntarily given, is legally binding and cannot be revoked without a clear showing of duress or undue influence.
[2] A natural mother's claim of undue influence in executing adoption consents is not sustained where she expressed no outward reservation or objection at the time of executi…
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Join FLexlaw to unlock all legal intelligence“In order to revoke a consent to an adoption it must be clearly shown that the consent was made under duress or undue influence.”
Establishes the legal standard that the natural mother must meet to revoke adoption consents
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Join FLexlaw to unlock all legal intelligenceThe appellant, an unmarried woman, gave birth to a daughter and executed two consents to adoption. The first consent was signed in the hospital the da…
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This appeal arose out of an adoption proceeding in which appellant, the natural mother of the child, unsuccessfully contested the rights of the adoptive parents to the child.
It appears in the record that appellant mother gave birth to a daughter out of wedlock and thereafter executed two consents for adoption of the child. Subsequently the natural father, a married man, divorced his wife and married appellant. Following the marriage appellant claimed she was unduly influenced in the execution of the consents by her father’s insistence that she return home alone after the birth of the child. The record reflects one consent was executed in the hospital the day following the birth of the child and the second some eight days later in the presence of a circuit court judge and an attorney described as a friend of the court. The testimony clearly reflects that appellant, at the time of her execution of the consents, expressed no outward reservation or objection. The consents were, therefore, freely and voluntarily given.
In order to revoke a consent to an adoption it must be clearly shown that the consent was made under duress or undue influence. In Re Adoption of Shea, Fla.1956, 86 So.2d 164. This case turns on the legal premises of whether or not appellant mother has sustained this burden of proof.
In the absence of fraud or duress the natural mother of the child must be held to her legally executed consents. These documents should not be executed without a full knowledge of their effect, nor should a court allow the contents of the documents to be set aside for unsubstantial reasons. In Re Adoption of Mason, 34 Fla.Supp. 13 (Cir.Ct.1970). The courts have consistently held these consents to be valid and binding. In Re Adoption of Arnold, Fla.App.1966, 184 So.2d 192; Skeen v. Marx, Fla.App.1958, 105 So.2d 517.
It is conceded that both sets of parents are qualified, however, the answers to legal questions concerning the validity of the consents for adoption signed by appellant are controlling. It is well stated that the chancellor’s decision comes to this court clothed in a presumption of correctness and only an abuse of discretion or substantial error will necessitate a reversal of that decision. Gilbert v. Gilbert, Fla.App.1958, 105 So.2d 379. The record amply supports the findings of the chancellor.
Accordingly, the decree appealed should be, and is hereby affirmed.
Affirmed.
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Citator
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In re the Adoption OF John DOE v. DOE, 524 So. 2d 1037 (Fla. 5th DCA 1988)…of D.A. McW., 460 So. 2d 368 (Fla.1984); Hinkle v. Lindsey, 424 So. 2d 983 (Fla. 5th DCA 1983); In re Adoption of Cox, 327 So. 2d 776 (Fla.1976). . § 63.082(5), Fla.Stat. (1985); In re Adoption of Cox, 327 So. 2d 776 (Fla.1976); Grabovetz v. Sachs, 262 So. 2d 703 (Fla. 3rd DCA), cert. denied, 267 So. 2d 329 (Fla.1972); compare In re Adoption of Baby Girl C, 511 So. 2d 345 (Fla. 2d DCA 1987); In re Adoption of P.R. McD., 440 So. 2d 57 (Fla. 4th DCA 1983). . See Petition of Steve B.D., 112 Idaho 22, 730 P. 2d…
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In re Adoption By Charles W. COX, Sr., 327 So. 2d 776 (Fla. 1976)…aced by Section 63.082, Fla.Stat. (1973). . 111 So. 2d 468 (Fla.App.2d 1959). . 98 So. 2d 735 (Fla.1957). . Bee Pugh v. Barwick, 56 So. 2d 124 (Fla. 1952). . In Re Stonehouse’s Adoption, 155 Fla. 223, 19 So. 2d 788 (1944). . Grabovetz v. Machs, 262 So. 2d 703 (Pla.App.3d), cert. denied 267 So. 2d 329 (Fla.1972).…
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In re The Adoption OF C.L.W. v. Weeks, 467 So. 2d 1106 (Fla. 2d DCA 1985)…. While Florida law is well settled that in the absence of fraud, duress, or undue influence a consent freely and voluntarily given is irrevocable, section 63.082(5), Florida Statutes (1983); In Re Cox, 327 So. 2d 776 (Fla.1976); Grabovetz v. Sachs, 262 So. 2d 703 (Fla. 3d DCA 1972), the law in Pennsylvania permits a natural parent to revoke his or her consent for adoption at any time prior to entry of judgment of adoption. In Re Adoption of RWB, 185 Pa. 168, 401 A. 2d 347 (1979); In Re Stones Adoption, 398 P…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gilbert v. Gilbert, 105 So. 2d 379 (Fla. 3d DCA 1958)
- Ursula Teresa Barnes Skeen v. Marx, 105 So. 2d 517 (Fla. 2d DCA 1958)
- In re Adoption OF Deborah Ann Arnold, 184 So. 2d 192 (Fla. 4th DCA 1966)
- In re Adoption OF Gladys Inez Shea, 86 So. 2d 164 (Fla. 1956)
- In re Adoption of Mason, 34 Fla. Supp. 13 (Broward Cty. Cir. Ct. 1970)