The Indiana Supreme Court has reversed a lower court ruling that allowed a New Jersey man to adopt twin girls born in Indianapolis to a surrogate mother he hired from South Carolina.
Indiana’s highest court said Wednesday the requirements of an interstate compact on the placement of children were not followed in the adoption, but it allowed the man to keep custody of the girls until the matter is settled.
Indiana child welfare officials originally said the two girls, who were born in April 2005, were not eligible for out-of-state adoption because state law restricts such moves to cases where the children are considered “hard to place” due to factors such as race, ethnic background or disability.
The Associated Press left a telephone message Wednesday night seeking comment from attorney Steven Litz, who represents the adoptive father, Stephen F. Melinger. Litz also runs the Monrovia, Ind.-based Surrogate Mothers Inc., which arranged the twins’ births to the 23-year-old woman who was identified in the Supreme Court ruling only as Zaria.
The woman gave up all rights to the newborns, and after a series of hearings, a state court finalized the adoption by Melinger in October 2006. In December 2007, the Indiana Court of Appeals rejected an appeal by the Department of Child Services and affirmed the adoption by Melinger, who lives in Union City, N.J.
But in Wednesday’s 5-0 ruling written by Chief Justice Randall Shepard, the Supreme Court said Indiana retains jurisdiction because of the interstate compact.
“There is nothing in the record that the adoption court had been notified in writing by New Jersey state authorities that the `proposed placement does not appear to be contrary to the interests of the child,'” which is required by Indiana law.
Further, the court said a person appointed by New Jersey authorities to conduct a home study never offered an opinion whether the adoption was in the best interests of the twins “though she did testify that she saw no reason the court should not grant the adoption.”
The ruling sent the case back to the trial court to provide “complete and accurate information” regarding the children and the adoptive father.
State officials originally were alerted after Melinger came to Methodist Hospital to visit the girls, who were born premature and were in a neonatal intensive-care unit. Hospital employees said he was carrying a bird, which could have risked infection of the infants, and on another visit he had bird feces on his clothing.
