Maine Court Case: MacMath v. Placement Services

MARY ANNE MacMATH, et al. v. MAINE ADOPTION PLACEMENT SERVICES 

Decision No. 6734, Law Docket No. Cum-93-227 

SUPREME JUDICIAL COURT OF MAINE 

635 A.2d 359 

October 6, 1993, Argued 

December 21, 1993, Decided 

Judgment affirmed. 

COUNSEL:
Attorney for Plaintiffs: Christopher C. Taintor, Esq. (orally), NORMAN, HANSON & DETROY, 415 Congress Street, P. O. Box 4600, Portland, Maine 04112.

Attorney for Defendant: James B. Haddow, Esq. (orally), PETRUCCELLI & MARTIN, 50 Monument Square, P.O. Box 9733, Portland, Maine 04104-5033. 

JUDGES:
Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN, and DANA, JJ. 

COLLINS, J. 
Mary Anne and Robert MacMath appeal from an order of the Superior Court (Cumberland County, Perkins, J.) dismissing several counts, and an order of the court (Fritzsche, J.) entering a summary judgment on the one remaining count, in their complaint against the Maine Adoption Placement Services ("MAPS") for breach of a duty to disclose information regarding the adoption of their son Alex. We agree with the court's conclusion that MAPS breached no duty it owed to the MacMaths and therefore we affirm the judgment.
In 1986 Mary Anne and Robert MacMath, both in their late thirties and parents of one biological son, contacted MAPS to begin the process necessary for adopting an infant. After participating in MAPS's application process, which included providing confidential information and submitting to an extensive home study, the MacMaths were approved as adoptive parents. During the application process, the MacMaths informed MAPS that they were not interested in adopting a handicapped or special needs child, and that they specifically did not want to adopt a baby who had been exposed to drug use.
In early July 1987 MAPS informed the MacMaths that a male infant was available for adoption. The baby had been born in Florida and was in the custody of Chosen Children, an adoption agency in that state which had an agreement with MAPS to place children out of state. The MacMaths flew to Florida and picked up the baby, whom they named Alex. The adoption agreement provided that MAPS would supervise the family during the first few months of the placement to ensure that the adoption was going smoothly. 
During the first few months of his life, Alex's health was generally good, although he did have a "reflux," or constant spitting up, problem. By March 1988, however, Mary Anne became concerned that Alex's development was not proceeding at a normal pace. She insisted that the family pediatrician refer Alex to specialists. After several months of extensive testing, Alex was tentatively diagnosed as having cerebral palsy or static encephalopathy.