In the Matter of B.B.R.
566 A.2d 1032 (1989)

Facts: Within hours of the birth of her child in California, where Marita Rogers (D) resided, D signed a release form agreeing to allow the hospital to release the child to Mr. and Mrs. Piatt (Ps), residents of the District of Columbia but retaining all parental rights. Two days later, Ps and the child flew to D.C. Four days after signing the release, D changed her mind. Ps were asked to return the child but refused. D commenced a custody proceeding in California. The following day Ps filed a petition in D.C. for appointment of a guardian for D's child and later filed an adoption petition. Each jurisdiction determined that it had jurisdiction to decide custody under the federal Parental Kidnapping Pre¬vention Act ("PKPA"). California granted D's petition, which was affirmed by the California Court of Appeals. The D.C. court refused to enforce the California decree and granted Ps' adoption petition. D appeals.


Issue: Under the PKPA is jurisdiction for a child who does not have a home state determined by who files their suit first and whether that person and the child have significant contacts within that state?

Rule: Under the PKPA jurisdiction for a child who does not have a home state is determined by who files their suit first and whether that person and the child have significant contacts within that state

Holding: No. The PKPA establishes the criteria under which a state shall refrain from hearing a custody dispute when a custody proceeding in the same matter is pending in another state. At the time Ps filed their petition in the D.C. court, D's petition was pending in the California court.

Analysis:A baby boy was born to the birthmother in the state of California. She agreed to release the child from the hospital into the custody of the potential adoptive parents. The parties signed an agreement that stated that the birthmother was not surrendering her parental rights. The adoptive parents returned with the child to the District of Columbia, where they resided. When the child was less than a week old, the adoptive parents received notice that the birthmother had changed her mind. The adoptive parents refused to return the child. The birthmother instigated custody proceedings in the California courts and obtained a temporary custody order.