Judge rules father coerced into signing adoption form

Sandra McIntosh

The Atlanta Journal and The Atlanta Constitution

Tuesday, Fulton Superior Court Judge Leah Sears-Collins awarded David and Heather Vogels their son, ruling that an adoption agency had coerced Mr. Vogel into signing his surrender of the infant and that the couple hadn't fully understood the deadline.

Cradled in his mother's arms, Jeffrey gurgles peacefully, studying the new face above his.

The adults that surround him seem unable to get enough of touching him, watching him - when he needs a diaper change three people vie for the chance.

For his grandparents, it's their first chance to hold the nearly 10-week-old infant. For his parents, it's the first time since Feb. 18, when they saw him at the adoption agency they'd given him to.

"He's bigger, more talkative," said David Vogel, 18, watching his son cooing in the arms of his wife, Heather, 17. "He's changed a lot since I saw him."

The last time the Vogels saw their son was in the offices of the Friends of Children adoption agency. They'd returned Feb. 18 to reclaim him, but were told they were too late - the last day they could change their minds was Feb. 15.

But Tuesday, Fulton Superior Court Judge Leah Sears-Collins awarded the Vogels their son, ruling that the agency had coerced Mr. Vogel into signing his surrender of the infant and that the couple hadn't fully understood the deadline.

Tuesday evening the young family rested in the home of David's mother, where they've been staying pending the outcome of their suit to regain their son. The couple, unmarried when Jeffrey Allen was born, married March 9.

The couple's legal problems aren't over yet. Attorney Mark Booz, of the firm of Troutman, Sanders, Lockerman & Ashmore, said he is appealing the judge's order for the agency and opposed the infant's return to his parents pending the outcome of the appeal.

The Vogels also have a $1 million punitive damages suit pending against the agency for "illegally retaining" the baby.

Joyce Goldberg, spokeswoman for the Department of Human Resources, which regulates adoption agencies, said "We are gathering information on the case and will be looking to see if there are any issues we need to be involved in."