Philip Sorentino and Constance Severini, Plaintiffs-Respondents v. the Family and Children’s Society of Elizabeth…

Summary

The Supreme Court of New Jersey held that the mother's coerced surrender of her newborn was a legal nullity, giving the natural parents a prima facie right to restoration of custody, but remanded for a hearing on whether returning the child would likely cause serious psychological harm. The Court also noted the father's rights but declined to decide the constitutional issue. Justice Conford, concurring in part and dissenting in part, argued that the burden of proof on potential harm should rest with the agency and prospective adoptive parents.