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 statutory consent to surrender the child was void because it was obtained by coercion, thereby restoring the mother’s custody rights and granting the father full parental rights now that the parents are married; the Court remanded for a hearing on whether returning the child would cause serious psychological harm, placing the burden on the natural parents. Justice Conford, concurring in part and dissenting in part, agreed with the majority’s findings but argued the burden of proof of harm should lie with the agency and prospective adoptive parents.