Legal Opinion · Dissent

Matter of Andersen

Idaho Supreme Court

Decided December 6, 1978No. 12891Published

1DissentBakes, Justice

I dissent from the majority’s analysis and disposition of both the procedural issue concerning the respondents’ collateral attack of the adoption decree and the substantive issue concerning the respondents’ attempt to revoke the consent to adoption. Inasmuch as the latter issue is of much greater significance, not only to these parties but also to parents and children in general, I address that issue first.

I

Although the majority characterizes the natural mother as being “extremely distraught, concerned and upset” when she executed the consent and delivered the child, it is important to bear…

2Cases cited44 opinions

  1. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  2. People ex rel. Scarpetta v. Spence-Chapin Adoption ServiceNew York Court of Appeals · 1971
  3. In Re Adoption of a MinorCourt of Appeals for the D.C. Circuit · 1944
  4. In Re the Adoption of HolmanArizona Supreme Court · 1956
  5. Smith v. SmithIdaho Supreme Court · 1947

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