From our private database of 35,600+ case briefs...
In re Adoption of S.D.W.
Supreme Court of North Carolina
758 S.E.2d 374 (2014)
Laura Welker and Gregory Johns (defendant) were engaged in an intimate relationship. Welker told Johns that she was using birth control, but Johns failed to make a detailed inquiry into the use and exact form of birth control. Johns impregnated Welker, but the couple had an abortion. Subsequently, around January 2010, the couple broke up but continued to have sex until March 2010. Welker gave birth to S.D.W. in October 2010. Johns was the biological father. Welker listed no father on the birth certificate and incorrectly named “Gregory James” as the child’s father on a parentage affidavit. Welker relinquished custody of S.D.W., and an adoption agency failed to find the biological father due to Welker’s incorrect recording of Johns’s name. Benjamin and Heather Jones (plaintiffs) filed a petition for adoption. In November 2010, Welker and Johns had sex again. Welker did not mention the birth of S.D.W. to Johns. Indeed, Johns at that point did not know that Welker had been pregnant with S.D.W. In April 2011, Johns heard that Welker had given birth to a child. Johns called Welker, and Welker, for the first time, informed Johns of S.D.W.’s birth. Johns then sought custody of S.D.W. The trial court found that Johns’s consent was not required to move forward with the Joneses’ adoption of S.D.W. The court of appeals reversed. The Joneses appealed.
Rule of Law
Holding and Reasoning (Edmunds, J.)
Dissent (Jackson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.