| Scarpetta v. The Adoption Service Olga Scarpetta, 32, comes from a wealthy California family. During an affair with a married man, she becomes pregnant. Olga thinks her pregnancy will embarrass her family, so she goes to New York to have the baby. The child is born May 18 and turned over to the Spence-Chapin Adoption Service four days later. On June 1, Olga signs a document giving the agency full authority to find new parents for the child. The agency places the child with the DeMartino family on June 18. Dr. DeMartino and his wife have already adopted a four-year boy from the same agency, and everything worked out fine. Within two months of the baby�s birth, Olga changes her mind and asks for her baby. The agency refuses to help her and will not tell who has the child. After several weeks of arguing with the agency, Olga goes to court. She tells the judge that she was physically and emotionally upset following childbirth. She is now sure that she wants to keep the child. Her family in California has learned of the birth and also wants Olga to get the baby back. Read the following opinions and decide which one you agree with. Give reasons for your choice. Note that the adoption agency is the defendant in this case because the DeMartinos had not yet received final custody of the child. The court must decide whether to return the child to the birth parent or leave the child with the adoptive parents. Opinion 1 There are many reasons this court believes it is in the best interest of the child to leave her with her adoptive parents, the DeMartinos. First, Olga waited six weeks after putting the child up for adoption before requesting the child�s return. During this period, the DeMartinos formed a strong attachment to the child and made many sacrifices because they had every reason to believe the child would be their own. Second, the DeMartino�s situation is much more secure that Olga�s. Olga is 32, is unmarried, and, from the evidence before us, appears emotionally unstable. As for the DeMartinos, the agency selected them because they had already adopted a four-year boy and proved themselves well able to provide for the child�s moral and physical well-being. They can give the attention of two parents to the child. To take the baby away at this point would cause them a great deal of suffering. Finally, Olga freely gave up the child, and the agency acted in proper manner in obtaining her constant. Opinion 2 There is a legal presumption that, unless proven unfit, the birth mother is best suited to provide adequate support and care for the child. This court believes that Olga Scarpetta is a fit birth parent. First, Olga was under great pressure when she placed the child for adoption. She had just gone through an unwanted pregnancy, labor, and delivery. She was worried about the reaction of her highly religious family. Her decision could not have been freely given under the circumstances. Second, she now clearly wants the child and is very able to provide for the child�s welfare. Her wealthy family also supports her in this decision and will no doubt help her if she needs financial assistance. Finally, there is no evidence that Olga will be an unfit parent. Even though the DeMartinos may be good or even better parents, this does not mean they should be given rights ahead of the birth mother. |