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In re M.L.O
490 Pa. 237 (Pa. 1980)16 Citing cases
In re C.A.F.
J-S11044-17 (Pa. Super. Ct. Mar. 20, 2017)If the orphans' court's findings are supported by competent evidence, they should not be disturbed. In re M.L.O., 490 Pa. 237, 241, 416 A.2d 88, 90 (1980) (citing In re William L., 477 Pa. 322, 383 A.2d 1228, cert. denied, 439 U.S. 880, 99 S.Ct. 216, 58 L.Ed.2d 192 (1978)). See also In re D.J.Y., 487 Pa. 125, 408 A.2d 1387 (1979).
In re J.L.H.
291 WDA 2022 (Pa. Super. Ct. Sep. 9, 2022)Our Supreme Court has stated that the "consent prescribed by the Adoption Act is a parental consent that is intelligent, voluntary and deliberate." In re M.L.O., 490 Pa. 237, 416 A.2d 88, 90 (1980) (citation omitted). As such, this Court has explained "that the purpose of the hearing on the petition for voluntary relinquishment is to insure an intelligent, voluntary, and deliberate consent to the termination of parental rights." C.M.C., 140 A.3d at 711 (citation omitted).
In re C.M.C.
2016 Pa. Super. 112 (Pa. Super. Ct. 2016) Cited 30 timesConcluding mother's consent to voluntary termination of her parental rights was invalid, where mother's relinquishment was conditioned on a PACA
“A party seeking to disturb a termination decree must show that the consent given to terminate parental rights was not intelligent, voluntary, and deliberate.” In re M.L.O., 490 Pa. 237, 240, 416 A.2d 88, 90 (1980). The consent given to terminate parental rights voluntarily must be “clear and unequivocal.”
Ferguson v. McKiernan
596 Pa. 78 (Pa. 2007) Cited 17 timesHolding that the agreement, which "feature all the hallmarks of an anonymous sperm donation" and absolved father of child support responsibilities, is enforceable
Nevertheless, such releases are unequivocally binding. See generally In re M.L.O., 490 Pa. 237, 416 A.2d 88, 89 (1980) (emphasizing the finality, under the Adoption Act, of a parent's voluntary relinquishment of parental rights). Furthermore, we have held that a child is precluded from continuing to enjoy the support of a deceased parent even where decedent's estate is entirely adequate to the task.
In re A.F.
1463 MDA 2021 (Pa. Super. Ct. Apr. 8, 2022)[In re Wolfe, 312 A.2d 793, 796 (Pa. 1973)]. "A party seeking to disturb a termination decree must show that the consent given to terminate parental rights was not intelligent, voluntary, and deliberate." [In re M.L.O., 416 A.2d 88, 90 (Pa 1980)]. The consent given to terminate parental rights voluntarily must be "clear and unequivocal."
In re Adoption of A.W.
2020 Pa. Super. 68 (Pa. Super. Ct. 2020) Cited 5 timesExplaining that the mother appealed from the decrees involuntarily terminating her parental rights, and argued that the orphans' court erred by determining that she did not enter a voluntary relinquishment
Our Supreme Court has stated that the "consent prescribed by the Adoption Act is a parental consent that is intelligent, voluntary and deliberate." In re M.L.O. , 490 Pa. 237, 416 A.2d 88, 90 (1980) (citation omitted). As such, this Court has explained "that the purpose of the hearing on the petition for voluntary relinquishment is to insure an intelligent, voluntary, and deliberate consent to the termination of parental rights."
In re J.W.B.
2019 Pa. Super. 214 (Pa. Super. Ct. 2019) Cited 2 times"A party seeking to disturb a termination decree [entered after a consent to relinquishment] must show that the consent given to terminate parental rights was not intelligent, voluntary and deliberate." In re M.L.O., 490 Pa. 237, 416 A.2d 88, 90 (1980). Section 2504 provides an alternative procedure for relinquishment as follows:
In re S.O.
No. 633 EDA 2018 (Pa. Super. Ct. Oct. 17, 2018)"A party seeking to disturb a termination decree must show that the consent given to terminate parental rights was not intelligent, voluntary and deliberate." In re M.L.O., 416 A.2d 88, 90 (Pa. 1980). A parent may voluntarily relinquish her parental rights.
In re Adoption G.T.D.G.
No. 1369 EDA 2018 (Pa. Super. Ct. Sep. 18, 2018)See 23 Pa.C.S.A. § 2501, 2504. "A party seeking to disturb a termination decree must show that the consent given to terminate parental rights was not intelligent, voluntary and deliberate." In re M.L.O., 416 A.2d 88, 90 (Pa. 1980). Section 2711 of the Adoption Act lays out the requirements for consents and the procedure and timeframes for the revocation of a voluntary consent to adoption.
In re Interest of J.M.T.
J-S30034-17 (Pa. Super. Ct. Jun. 12, 2017)Further, "[a] party seeking to disturb a termination decree must show that the consent given to terminate parental rights was not intelligent, voluntary and deliberate." In re M.L.O., 416 A.2d 88, 90 (Pa. 1980). During the colloquy, Mother testified, inter alia, that she understood the nature of the proceedings; she wished to voluntarily relinquish her rights to Children; she had the opportunity to consult counsel; her decision was voluntary; and she believed the voluntary relinquishment of her parental rights was in Children's best interests.