Legal Opinion

Sylvander v. New England Home for Little Wanderers

District Court, D. Massachusetts

Decided January 3, 1978No. Civ. A. 75-4039-T and 76-2912-TPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

TAURO, District Judge.

Plaintiff-petitioner (hereinafter plaintiff) 1 challenges the constitutionality of the statutory procedure under which her rights over her child were terminated without her consent. Defendant is a licensed child care agency. At issue is Mass.Gen.Laws ch. 210, § 3 2 which allows non-consensual termination upon a finding by a probate judge that adoption is in the “best interests” of a child who is in the custody of the Department of Public Welfare or a licensed child care agency.

I

On June 28,1972, plaintiff gave birth out of wedlock, to a boy, Michael. 3…

2Cases cited24 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
  4. Carafas v. LaValleeSupreme Court of the United States · 1968
  5. Jones v. CunninghamSupreme Court of the United States · 1963

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3Cited by1 opinion

  1. Doe v. DoeMassachusetts Supreme Judicial Court · 1979

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