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In re Adoption of M. | 722 A.2d 615 (1998)
M. and her adoptive father want to marry after M. delivers the couple’s child, but their marriage is forbidden by law so long as he remains M.’s father. Vacating M.’s adoption would remove the legal barrier to the marriage. Will the court cut parent-child ties so that the pair can be bound as husband and wife? Join us as we explore In re Adoption of M.
M.’s biological parents voluntarily surrendered her to the state’s care in 1989. In an uncontested proceeding, the court granted final judgment of adoption to an adoptive mother and father in January 1991, when M. was fifteen. In November 1993, M. reached the age of eighteen and was emancipated, or freed, from the custody and control of her adoptive parents.
M.’s adoptive parents divorced in 1997 after being separated for a period of time. In 1998, M., then twenty-two years old, gave birth to a child. The child’s biological father was M.’s adoptive father, whom M. wanted to marry. A New Jersey statute proscribed marriage between a woman and, quote, “any of her ancestors or descendants,” unquote. The statute precluded marriage between them because as M’s adoptive father, he was one of her ancestors.
To enable the marriage, M. moved to vacate the final judgment of adoption.
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