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Allison Quets used in vitro fertilization to become pregnant, using donated eggs and sperm. After the successful procedure, she looked into the possibility of giving her twins up for adoption.
After giving birth to Hannah and Tom in Florida, Quets arranged for them to be adopted by relatives of her 67-year-old boyfriend. The agreement called for limited visitation and communication between Quets and the twins.
Quets and the children were found in Canada four days after Christmas. The Needhams retrieved the twins, and Quets was charged with kidnapping. She was fined and placed on probation.
Quets sued to have the adoption invalidated, claiming that she was a victim of fraud. She also asked that her original open adoption agreement from Florida be enforced.
The trial court ruled that a parent who gives up a child for adoption lacks standing to sue for custody and visitation. The appeals court affirmed the decision, disagreeing with the Quets' assertion that the open adoption agreement gives her standing.
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