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In re Adoption of Baby Boy D.

In a Pennsylvania proceeding for adoption and the termination of a natural mother's parental rights, the enforceability of the mother's revocation of her consent to adoption was properly decided under Pennsylvania law even though the consent was signed in Nevada.

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�1 Appellants, J.M. and R.M., appeal the July 21, 2000 Order denying their petition to confirm the consent of appellee, L.D., to their adoption of her son, Baby Boy D., and to terminate her parental rights based on the consent. On appeal, appellants contend the trial court erred in not applying Nevada law to the revocation of L.D.’s consent to the adoption.

�2 On September 6, 1999, L.D. gave birth to Baby Boy D. while incarcerated in Las Vegas, Nevada. L.D. agreed to the adoption of her son by appellants, who are residents of Montgomery County, Pennsylvania. On September 10, 1999, L.D. executed both Pennsylvania and Nevada consent to adoption forms and the supporting papers. *fn1 Appellants returned to Pennsylvania with Baby Boy D. and, thereafter, filed a Report of Intention to Adopt and a petition to confirm the consent of L.D. pursuant to the Pennsylvania Adoption Act, 23 Pa.C.S.A. �� 2101-2910. In December 1999, L.D. notified the court she wished to revoke her consent to appellants’ adoption of her son, alleging she did not understand the legal ramifications of signing the documents. Appellants filed a petition for the involuntary termination of L.D.’s parental rights based upon her execution of the Nevada consent to adoption. Thereafter, C.P. and R.P., Baby Boy D.’s grandparents, filed a custody complaint and a petition for permission to intervene in the proceedings. The court granted the grandparents permission to intervene and stayed the custody proceedings pending the determination of the adoption issues. On July 21, 2000, following the court’s consideration of the parties’ depositions, submitted in lieu of oral testimony before the court, the court denied appellants’ petition to confirm the consent of L.D. and found valid her revocation of consent to the adoption. *fn2 This timely appeal followed.

�3 On appeal, appellants present one issue for our review, “Whether the revocability of a consent to adoption signed under the laws of the state of Nevada should be decided under Nevada law, and accepted for filing in the Pennsylvania adoption proceedings as evidence of termination of parental rights.” (Appellants’ brief at 4.)

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