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Acedo v. State Department of Public Welfare

Arizona Court of Appeals

513 P.2d 1350 (1973)

Facts

Herlinda Marie Acedo (plaintiff), an 18-year-old high school graduate of at least average intelligence, considered giving up her baby for adoption. The adoption agency informed Acedo that if she signed an adoption petition, the child’s adoption would become final six months later. The petition clearly stated that by signing it, Acedo would “surrender custody and relinquish all rights” that she had to the child. At no time did Acedo ask whether she could change her mind and reclaim her baby within the six-month time frame. Acedo signed the petition and handed over the child. Three days after the child was placed in an adoptive home, Acedo sought to take her baby back, but the adoption agency told her it was too late to do so. Acedo sued the Arizona Department of Public Welfare for the child’s return, claiming that she had mistakenly believed that she could withdraw her consent to adoption any time in the six months before the adoption became final. The trial court found that Acedo’s consent was not procured through fraud, coercion, or any other wrongful conduct, and ruled for the state.

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Holding and Reasoning (Haire, J.)

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