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Vela v. Marywood

Texas Court of Appeals

17 S.W.3d 750 (2000)

Relevant factsFree

Corina Vela (plaintiff), 19 and pregnant, hired licensed adoption agency Marywood (defendant) for counseling and placement services, making clear she wanted an open adoption allowing her to select adoptive parents and visit the child; she selected a couple who signed an unenforceable "sharing plan" with Marywood promising Vela future visitation, though Vela wasn't a party to that agreement and Marywood never told her it was unenforceable. After giving birth, Vela and her parents met with Marywood representative Aundra Moore and were presented, without prior notice, with a relinquishment affidavit; Vela was uncertain but signed two hours later while crying, after Moore reassured her the sharing plan would guarantee future visitation, without being told she could delay or consult an attorney. When Vela later sought to revoke, Moore told her it was irrevocable, and the court approved termination before Vela could intervene; Vela appealed, arguing she hadn't signed knowingly and voluntarily.

IssueFree

Whether a birth mother may revoke a relinquishment of parental rights if it was not signed knowingly and voluntarily due to fraud, misrepresentation, or overreaching.

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