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Monty S. v. Jason W.

Nebraska Supreme Court
863 N.W.2d 484 (2015)


Rebecca and Jason (defendants) were friends with Teresa and Monty (plaintiffs). As Rebecca was unable to have children, Teresa agreed to be Rebecca and Jason’s surrogate. The parties agreed that Teresa and Monty would conceive a child and that Rebecca and Jason would adopt the child. The parties agreed that it would be an open adoption, with Teresa and Monty maintaining a role in the child’s life. After the child was born, Teresa and Monty signed documents relinquishing their parental rights to the child and consenting to Rebecca and Jason’s adoption. Before the child’s first birthday, Teresa and Monty filed a petition for habeas corpus, seeking return of the child. The district court held a hearing to determine the best interests of the child and placed the child in Teresa and Monty’s custody. Rebecca and Jason appealed.

Rule of Law


Holding and Reasoning (Heavican, C.J.)

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