Gibbs v. Ernst: Pennsylvania Recognizes Negligent Nondisclosure in Wrongful Adoption Cases
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GIBBS V. ERNST: PENNSYLVANIA RECOGNIZES
NEGLIGENT NONDISCLOSURE IN WRONGFUL
ADOPTION CASES
Robert J. Baker
I. INTRODUCTION
Prospective adoptive parents gain all their information about a prospective adoptee
from the adoption agenc[ies] .. ' Critical information may not be disclosed to
them.2 According to at least one research report, one third of the parents who
had adopted physically abused children, and one half of those adopting sexually
abused children were not informed of the abuse.3 When prospective adoptive
parents do not receive such information, they do not have the opportunity to
make an informed decision to adopt a child.4 The denial of the opportunity to
make an informed decision is the essence of the tort of wrongful adoption.5
In deciding wrongful adoption cases, contemporary courts balance the interests
of prospective adoptive parents versus those of adoption agencies.6 While focusing
on this balancing process, modern courts have allowed adoptive parents to pursue
causes of action for intentional misrepresentation, intentional nondisclosure, and neg-
1. Shannon M. Connelly, Notes, The Need for Disclosure Laws A Survey of the Wrongful-Adoption
Cause of Action and Statutory Remedies for Adoption Fraud, 10 REV. LITIG. 793, 795 (1991).
2. Mary E. Schwartz, Note, Fraud in tbe Nursery. Is the Wrongful Adoption Remedy Enough?, 26
VAL. U. L. REV. 807, 815 n.93 (1992).
3. Note, When Love Is Not Enougb: Toward a Unified Wrongful Adoption Tort, 105 HARv. L.
REv. 1761, 1763 (1992) [hereinafter Love]. See infra note 92 and accompanying text.
4. Paula K. Bebensee, Note, In the Best Interest of Children and Adoptive Parents: The Need for
Disclosure, 78 IowA L. REV. 397, 407 (1993).
5. Kelly Bennison, Comment, No Deposit No Return: The Adoption Dilemma, 16 NOVA L. REV.
909, 923 (1992).
6. See Burr v. Board of County Comm'rs, 491 N.E.2d 1101, 1109 (Ohio 1986).
Robert ]. Baker is a tbird-year student at Thomas M. Cooky Law School in Lansing, Michigan.](ViewImageLocal?handle=hein.journals/ttip31&div=12&collection=journals&method=preview&ext=.png&size=3)
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Gibbs v. Ernst: Pennsylvania Recognizes Negligent Nondisclosure in Wrongful Adoption Cases
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