In the Matter of the Adoption of “E”

279 A.2d 785 (1971)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

In the Matter of the Adoption of “E”

New Jersey Supreme Court
279 A.2d 785 (1971)

  • Written by Haley Gintis, JD

Facts

In 1965, the New Jersey Bureau of Children’s Services (bureau) denied the adoption application filed by John and Cynthia Burke (plaintiffs) because the Burkes had no religious affiliation. The Burkes initiated a lawsuit and sought for the court to declare that a religious affiliation should not be required for adopting a child. Shortly after the Burkes initiated the lawsuit, the bureau revised its regulation to provide that prospective adoptive parents may not be denied the opportunity to apply for adoption solely because of their lack of religious affiliation. However, the regulation provided that, in considering the fitness of the adoptive home, the child’s opportunity for religious, spiritual, and ethical development may be considered. Following the revised regulation, the Burkes’ lawsuit was dismissed, and the Children’s Aid and Adoption Society of New Jersey (society) placed a baby boy with the Burkes. The Burkes formally adopted the boy the following year. The Burkes then filed another adoption application. The society placed a baby girl, E, with the Burkes. The following year, the Burkes filed to adopt E. The society investigated the Burkes’ fitness to adopt and found that the Burkes were warm, loving, and already wonderful parents to their baby boy. The society submitted a report to the court, recommending the adoption. The report also noted that the Burkes had no religious affiliation but had good morals and ethics. The trial court held a hearing, during which the judge repeatedly questioned the Burkes on their lack of religion. The Burkes testified that they were not religious but were confident in their morals and ethics. Following the trial, the judge denied the Burkes’ adoption petition. In the opinion, the judge stated that the adoption was not in the best interests of E because the Burkes were not affiliated with a religion and did not believe in a supreme being. The Burkes appealed.

Rule of Law

Issue

Holding and Reasoning (Proctor, J.)

What to do next…

  1. 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 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. 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.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership