Petition of Steve B.D.,
723 P.2d 829 (1986)

Procedure: Appellant birth mother sought review of the decision from the District Court of the Third Judicial District of the State of Idaho, which affirmed the magistrate court's denial of the birth mother's petition to revoke consent to the adoption of a child by respondent adoptive parents.

Facts: Mary DiBernardi (P) filed a petition to revoke her consent to the adoption of her baby and to dismiss the adoption petition. The trial court dismissed the petition, finding that according to the law a natural parent could revoke a valid consent unless estopped from doing so. P was estopped. P appeals.

Issue: In the absence of fraud, duress, or undue influence, does a natural parent have the right for an indeterminate period of time to revoke consent to adoption even after the adoption proceeding has been completed?

Rule: In the absence of fraud, duress, or undue influence, a natural parent does not have the right for an indeterminate period of time to revoke consent to adoption even after the adoption proceeding has been completed

Holding: Yes. The trial court reached the correct result in applying the estoppel standard, but that standard is now overruled. The estoppel standard unduly focused on the rights of, and con-sideration for the interests of, the natural parents to the exclu-sion of the welfare of the child. Finally, prior to entering a final decree of adoption, the trial court must consider whether adoption is in the best interest of the child. If a natural parent, prior to the entering of the adoption decree, desires the return of the child, the court may consider this factor

Analysis: The birth mother had brought a petition to dismiss the adoption proceedings under standards set by the court in a prior proceeding. On review, the court held that under the standards enunciated in prior case law, the magistrate court, as affirmed by the district court, was correct in its holding that the birth mother was estopped to revoke her consent to the adoption, and in having denied the birth mother's petition to dismiss the adoption proceedings brought by the adoptive parents. The court overruled prior case law and the estoppel approach to an attempted revocation of consent to adoption. The court held that when the natural mother changed her mind and litigation was instituted, there was a considerable passage of time before there was any resolution. The court held that the custody of the child had been with the adoptive parents for more than two years, with strong ties and emotional attachments, which inevitably formed.