## Facts

- A sixteen-year-old mother (M.M.) concealed her pregnancy from her parents and gave birth to J.M.M. on February 24, 1997.
- After the birth, M.M.’s parents learned of the child; M.M.’s father stated the newborn could not live in the family home.
- A private adoption agency (New Beginnings of Tupelo, Inc.) met with M.M. at the hospital, discussed adoption, and later visited the family home, again discussing adoption and leaving surrender forms.
- On February 27, 1997, M.M. and her parents went to the agency office, where M.M. signed a “Surrender of Parental Rights and Consent to Adoption,” after reading and initialing provisions.
- M.M. also signed an acknowledgment that she had been advised of the right to independent counsel and chose to proceed without an attorney.
- The child was placed with adoptive parents through the agency; the chancery court entered a final decree of adoption on March 21, 1997.
- In December 1997, M.M. and her parents petitioned to vacate the adoption decree, asserting the surrender was not voluntary due to coercive circumstances and alleged misrepresentations.

## Issues

1. Whether the mother’s written surrender of parental rights and consent to adoption was valid and voluntary under Mississippi law, despite her minority and asserted pressure from family circumstances and agency conduct.
2. Whether alleged fraud, misrepresentation, undue influence, or duress warranted setting aside the final adoption decree.

## Decision

- The Mississippi Supreme Court affirmed the chancery court’s denial of the petition to vacate the adoption decree.
- The court held the surrender and consent were valid, voluntary, and binding.
- The court concluded the challengers failed to prove, by clear and convincing evidence, fraud, duress, coercion, or other legally sufficient grounds to set aside the final decree.
- The court relied on the record that M.M. received explanations of the process, reviewed and executed detailed written consents, and acknowledged being advised of a right to independent counsel.

## Legal Principles

- A properly executed written surrender and consent to adoption is presumed valid; after entry of a final adoption decree, it may be set aside only on clear and convincing proof of fraud, duress, coercion, or similar improper means.
- “Duress” or “undue influence” sufficient to invalidate a surrender requires subordination of the parent’s will and destruction of the parent’s free agency; difficult circumstances or emotional pressure alone do not satisfy that standard.
- A minor parent may validly surrender parental rights if statutory requirements for written consent and acknowledgment are satisfied; lack of independent counsel is relevant to voluntariness but is not automatically dispositive where the record shows understanding and free choice.
- Courts give substantial weight to the finality of adoption decrees and are reluctant to disturb established adoptive placements absent legally compelling, proven grounds.

## Conclusion

The court left the adoption undisturbed because the minor mother’s written surrender, executed with documented acknowledgments and opportunities to understand her rights, was not shown by clear and convincing evidence to have been procured through fraud or legally cognizable duress.


In re Adoption of J.M.M., 796 So. 2d 975 (Miss. 2001)