BIRTH MOTHER V. ADOPTIVE PARENTS AND NEW HOPE CHILD AND FAMILY AGENCY 59 P.3d 1233 (2002) CASE BRIEF

BIRTH MOTHER V. ADOPTIVE PARENTS AND NEW HOPE CHILD AND FAMILY AGENCY

59 P.3d 1233 (2002)

NATURE OF THE CASE: Mother (M) filed a complaint alleging several claims, including breach of contract, based on the adoptive parents' noncompliance with the communication agreement. The adoptive parents and New Hope (D) filed a motion to dismiss, which the district court granted. M appealed.

FACTS: M executed a document with D entitled 'Agreement Regarding Communication With And/Or Contact Between Birth Parents, Child Adoptee, and Adoptive Parents' (communication agreement), which New Hope had prepared. The communication agreement stated that the birth mother, her ex-husband, and New Hope 'entered into a post adoption communication and contact agreement which is in the child's best interests.' M selected the adoptive parents, and after meeting them, she relinquished her parental rights and consented to the adoption. The adoptive parents signed the communication agreement, which required that any prospective adoptive parent of the child agree to and abide by its terms. D agreed to call M when they first got home with the child and then once a month for the first three months the child was in their custody. D further agreed to provide M with pictures of the child and letters detailing her progress. M could request photos every six months. They also consented to allow M to visit the child on or near each of the child's first three birthdays and to send M videotape when the child started walking. M eventually filed a motion objecting to the adoption and demanding that D return the child to her. Subsequently D no longer permitted M contact with the child. The district court denied M's motion and later granted D's petition to adopt the child. M sought specific performance of the communication agreement or, in the alternative, monetary damages. Ds filed a motion to dismiss. The district court entered its order granting the motion to dismiss. The adoption decree is 'the final and only document governing the terms of adoption,' and therefore, M needed to seek relief under the adoption decree. Because the adoption decree did not refer to the communication agreement, and is the sole document governing the adoption, it provided no relief for M as to claims involving the communication agreement. The court dismissed the complaint and M appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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