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Monty S. v. Jason W.

Nebraska Supreme Court

863 N.W.2d 484 (2015)

Relevant factsFree

Teresa and Monty (plaintiffs) agreed to help their friends Rebecca and Jason (defendants), who could not otherwise have children, by having Teresa serve as a surrogate; the parties agreed on an open adoption in which Teresa and Monty would relinquish parental rights to Rebecca and Jason but retain some ongoing role in the child's life. After the child was born, Teresa and Monty signed relinquishment and adoption-consent documents, but before the child's first birthday they filed a habeas petition seeking the child's return; the district court, after a best-interests hearing, placed the child in Teresa and Monty's custody, and Rebecca and Jason appealed.

IssueFree

Whether a biological parent's relinquishment of parental rights is valid when it is conditioned on retaining some ongoing parental role in the child's life.

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