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Sims v. Adoption Alliance

922 S.W.2d 213 (1996)

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Sims v. Adoption Alliance

Texas Court of Appeals
922 S.W.2d 213 (1996)

SC

Facts

Rena Sims (defendant) got pregnant and decided she did not want to keep the baby. Through the Adoption Alliance (plaintiff), Sims agreed to give up the baby to adoptive parents, the Hollanders. The baby was born on August 17, 1995. Sims signed an affidavit agreeing to the adoption 26 hours after the baby was born. Sometime thereafter, Sims changed her mind and decided she wanted to keep the baby. On August 22, 1995, the Adoption Alliance filed suit to terminate Sims’s parental rights. The trial court ruled in favor of the Adoption Alliance and appointed the Adoption Alliance managing conservator of the baby. Sims appealed on the ground that the Texas legislature had passed a law requiring new biological parents to wait 48 hours before signing an affidavit giving up the baby. The law had an effective date of September 1, 1995, but explicitly stated that it would apply to relevant lawsuits filed prior to that date.

Rule of Law

Issue

Holding and Reasoning (Hardberger, J.)

Concurrence (Green, J.)

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