In Re the Adoption of Baby T.
Supreme Court of New Jersey
1ConcurrenceO’Hern, J.
I concur in the judgment not because Dr. Zedie lacks standing to challenge the adoption of Baby T., but because the posthumous adoption properly recognized the substantive rights of the parties.
As Judge Shebell noted in his dissent below, it is inescapable that we cannot foreclose Dr. Zedie from defending herself in the wrongful death action, both by contesting the allegations of negligence and by challenging the nature of the relationship between Baby T. and his adoptive parents. Judge Shebell reasoned that any issues remaining after the adoption judgment would “be considered by a jury in…
2Cases cited7 opinions
- Dunphy v. GregorSupreme Court of New Jersey · 1994
- Carr v. CarrSupreme Court of New Jersey · 1990
- Crane v. BielskiSupreme Court of New Jersey · 1954
- Capone v. NortonNew Jersey Superior Court Appellate Division · 1952
- In re the Adoption of Baby T.New Jersey Superior Court Appellate Division · 1998
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