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Burr v. Board of County Commissioners of Stark County

Supreme Court of Ohio

491 N.E.2d 1101 (1986)

Relevant factsFree

Russel and Betty Burr (plaintiffs) adopted a baby, Patrick, after caseworker Winifred Schaub (defendant) falsely told them he was a healthy baby born to a capable but overwhelmed unwed teenage mother, when in reality his mother was a 31-year-old mentally ill patient at a state hospital, his father was unidentified, and agency records already showed signs of low intelligence and disease risk. Patrick was later diagnosed with Huntington's disease, and after obtaining a court order unsealing his adoption records, the Burrs sued the county welfare department, its director, and Schaub (defendants), seeking over $80,000 in medical expenses and damages for fraudulent "wrongful adoption." A jury awarded $125,000, which was affirmed on appeal before the state supreme court took up the case.

IssueFree

Whether adoptive parents may recover for "wrongful adoption" by proving the requisite elements of fraud in an adoption transaction.

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