Petition of Steve B.D.

In September 1983, Mary Ann DeBernardi (plaintiff) executed a written contract with Mr. and Mrs. D. (the adoptive parents) (defendants) for the adoption of DeBernardi’s unborn child. Before and after executing the adoption contract, DeBernardi met with a counselor and with legal counsel on numerous occasions to discuss the adoption. DeBernardi gave birth on March 5, 1984, and met with the hospital’s director of social services twice to review the adoption and her alternatives. On March 7, the child was delivered to the adoptive parents and DeBernardi executed her consent to the adoption before the magistrate. DeBernardi testified under oath that she was unaware of the identity of the child’s father, that she had contemplated adoption her entire pregnancy, and that she had neither been threatened nor coerced into consenting to the adoption. Less than two weeks later, DeBernardi revoked her consent and filed a written petition to set aside the adoption. After a hearing, the magistrate applied the Anderson test and found DeBernardi was estopped from revoking her consent because she had the benefit of both legal counsel and counseling throughout her pregnancy, she had consulted with a social worker about adoption alternatives, she surrendered the child almost immediately after the birth without taking the child home, and the adoptive parents had uninterrupted custody from the date of surrender. The magistrate also found no evidence of fraud or duress and emphasized that DeBernardi had the benefit of a full judicial proceeding to ensure her consent was given knowingly and voluntarily. Accordingly, the magistrate dismissed DeBernardi’s petition to set aside the adoption. DeBernardi appealed.