In Re the Adoption of Baby T.

In this case, the defendant, an anesthesiologist, is being sued for malpractice in the death of an infant under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. The suit was brought by plaintiffs who claim to be the infant’s next-of-kin by virtue of a judgment of adoption obtained after the infant’s death. The Court holds that defendant lacks standing to challenge the posthumous judgment of adoption. I agree with the disposition of this ease, but write to emphasize that the majority opinion should not be interpreted to deny defendants in wrongful death suits the standing to challenge…